AKLAS UDDIN CHOUDHURY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The only ground urged on behalf of the appellant in this case is that there was no witness to the incident and it was only the unilateral statement of the victim on which the appellant has been convicted.

(2.) The incident was of January 11, 2014. The complaint was filed with the Jowai Police Station on January 18, 2014 by a brother of a victim. Such brother claimed that he had been informed by the victim brother that it was the appellant who had grievously injured the victim in an incident that took place near a petrol pump at NH 44 around the 8th mile close to Lad Rymbai. As to the delay in lodging the first information report, the de facto complainant indicated that since the victim was struggling for his life and continued to be in a precarious condition, the de facto complainant had not found it convenient to lodge the complaint earlier and the complaint was lodged immediately upon the victim first taking some food after suffering the life-threatening injuries.

(3.) A statement of the victim was recorded under Sec. 164 of the Code of Criminal Procedure, 1973 by a Judicial Magistrate. In course of such statement, which was substantially corroborated by the victim's deposition at the trial, the victim indicated the relevant truck number wherein he suffered his injuries. The number of the vehicle matched with the registration number disclosed by the de facto complainant in the FIR.