Court : Guwahati
Decided on : Aug-06-1974
..... both as to the crime and raj-r khowa's connection with that crime, the retracted confessional statement may be taken into consideration against accused rajkhowa also in accordance with law.227. in the result the government criminal appeal no. 19 of 1973 is allowed and the impugned order of acquittal of accused umesh baishya passed by the learned sessions ..... upset the holding without very convincing reasons and comprehensive consideration. in our view the high court's judgment survives this exacting standard.195. keeping in view the above principles of law, let us examine the case of accused umesh baishya.196. on consideration of the evidence on record we have already found that mrs. rajkhowa and her three daughters are dead ..... prosecution itself expressed doubt as to their truthfulness when the prosecution recorded the statements of these two witnesses under section 164, criminal procedure code, it cannot be stated as a proposition of law that the evidence of a witness given 'before the trial court loses its value or it is doubtful because such a witness was earlier examined under section 164, criminal procedure code. the ..... going to fetch them.13. the relations of accused rajkhowa having not known about the whereabouts of accused rajkhowa and his family, started making enquiries about them. his brother-in-law p.w. barada sarma who was deputy inspector general of police at the relevant time, took initiative in this matter of making enquiries about accused rajkhowa and the members of .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-07-1974
..... , by reason of un-soundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.11. it is settled law that when an accused takes the plea that his act comes within the general exception in the penal code, the burden is upon him to establish it. in .....Tag this Judgment!