STATE OF ASSAM Vs. JAGAT CHANDRA NATH

JUDGEMENT

(1.) SPECIAL leave granted in SLP (Crl.) No. 1803 of 1987.

(2.) THIS order will dispose of Criminal Appeal No. 35 of 1988 and the appeal arising out of SLP(Crl.) No. 1803 of 1987. Criminal Appeal NO. 35 of 1988 has been filed by the State of Assam against the acquittal of the respondents while the appeal arising out of SLP (Crl.) No. 1803 of 1987 has been filed by the complainant- first informant against the acquittal of the respondents. Both the appeals question the correctness of the judgment of the High Court of Gauhati dated 10th April, 1987. "

(3.) SO far as PW.2 is concerned he is an injured witness. The High Court found his statement at the trial to be discrepant when compared with his statement recorded by the Magistrate, PW.3 under Section 164 Cr.P.C. we find that in the statement recorded under Section 164 Cr.P.C., PW.2 had not assigned any specific role to either of the respondents. An improvement was, however, made only at the trial when he tried to assign specific injuries to each of the accused. The High Court found the evidence of PW.2 to be discrepant on vital and material facts. Our appraisals of his testimony shows that there are some infirmities and discrepancies in his statement. He has tried to improve the case at the trial on points which he considered to be material. His credibility stands shaken.