(1.) - 1. These two appeals i. e. Criminal Appeal No. 52 of 2003 and Criminal Appeal No. 20 of 2006 in respect of the same incident, in which one Jogesh Debbarma was murdered, are taken up for joint hearing and being disposed of by this common judgment and order.
(2.) HEARD Mr. A. K. Bhowmik, learned senior counsel, assisted by Mr. M. Debbarma, learned counsel appearing for the appellants as well as Mr. R. C. Debnath, learned Public Prosecutor for the State-respondent.
(3.) IT is well settled law in the administration of justice and criminal case that if two views are possible on the evidence adduced in the case, (i) one pointing to the guilt of the accused and (ii) another to his innocence, the view which is favourable to the accused should be adopted. The paramount jurisdiction of the Court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may rise from acquittal of the guilt is not less than from the conviction of the innocence.
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