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SUMAN SHYAM, MALASRI NANDI
Chitra Bora, S/o. Sri Maneshwar Bora – Appellant
Versus
State of Assam, Represented by Addl. P. P, Assam – Respondent
JUDGMENT :
Malasri Nandi, J.
Heard Ms. S. Khataniar, learned counsel appearing for the appellant as well as Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State.
2. The present appeal has been preferred by the sole appellant Chitra Bora challenging the Judgment of conviction and sentence dated 15/07/2019 passed by the Learned Sessions Judge, Golaghat in Sessions Case no 222/2014 by which the appellant has been convicted u/s 302 IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 2000/- and in default of payment of fine to undergo simple imprisonment for another one month.
3. The prosecution case what emerges from the FIR is that the informant Bipul Hazarika lodged an FIR before the O.C. Jamuguri PS stating inter alia that on 22/09/2014 at about 4 P.M. accused Chitra Bora inflicted grievous injury to Dilip Hazarika by stabbing him with a knife in the Verandha of his house and fled away from the scene. Though the injured was immediately taken to Golaghat Civil Hospital by 108 Ambulance for treatment but the doctor declared him brought dead.
4. On the basis of the Ejahar a case was registered vide Jamuguri PS case no 43/2014 u/s 302 IPC. Dur
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused bey....
The court affirmed the conviction for murder, establishing that the accused's actions demonstrated intent to kill, supported by credible eyewitness and medical evidence.
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
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