Chatam Tara v. the State of Ap
Case brief
What is this about?
High Court set aside death conviction, held that conviction under Section 304 IPC unsustainable due to unexhibited documents, lack of eyewitnesses, and retracted confession. Acquitted appellant and set at liberty.
What did the court decide?
Judgment and sentence dated 29.10.2019 and 30.10.2019 set aside; Appellant acquitted and set at liberty.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040013332019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : Crl.A. 26/2019
1:CHATAM TARA
S/O TAH TARA, R/O VILLAGE TARA, PO BAMENG, PS SEPPA, EAST KAMENG DISTT, AP
VERSUS
1:THE STATE OF AP REPRESENTED BY THE PP
Advocate for the Petitioner : P Taffo
Advocate for the Respondent : P P of AP
Linked Case : IA(Crl) 50/2019
1:FEM TARA W/O SHRI CHATAM TARA R/O APEDA BOMDILA PO/PS BOMDILA WEST KAMENG DISTT AP
Issues for consideration
3 issues framed by the court
Whether the conviction and sentence imposed under Section 304 Part I and Part II IPC were sustainable given the lack of eyewitnesses, unexhibited documents, and a retracted confessional statement.
Whether the trial court erred in relying on an unexhibited settlement agreement and an inquest report to prove the commission of the offence.
Whether the prosecution successfully established the link between the accused and the murder weapon and the homicidal nature of the deaths.
Parties & counsel
- appellant
Chatam Tara
- respondent
The State of Assam
Coram
Kalyan Rai Surana
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · February
- Registered
- Case no.
- Crl.A./26/2019
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