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SUMAN SHYAM, MALASRI NANDI
Rajen Baruah Sonitpur, Assam – Appellant
Versus
State Of Assam Rep. By pp, Assam – Respondent
JUDGMENT :
Suman Shyam, J.
Heard Mr. A. Tewari, learned Amicus Curiae appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, representing the State.
2. This appeal against conviction is directed against the judgment dated 18.07.2019 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No.69/2016 convicting the sole appellant Rajen Baruah under Section 302 of the Indian Penal Code (IPC) for committing the murder of Prasanta Borah and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000/- with default stipulation.
3. The prosecution case, in a nutshell, is that the accused Rajen Baruah had invited the deceased for dinner on 03.06.2014 and at around 9:30 p.m. in that evening, he had assaulted the victim on his head thereby causing grievous injury on him. The victim was shifted to the hospital but on the next day, he succumbed to his injuries.
4. On 04.06.2014, Smti. Malati Borah i.e. the mother of the victim had lodged an ejahar before the Officer-in-charge of Bihuguri Police Outpost informing the police about the incident. Upon receipt of the ejahar, Tezpur P.S. Case No.612/2014 w
The court established that circumstantial evidence must form a complete chain to prove guilt, and the failure of the appellant to explain the injuries sustained by the deceased led to conviction unde....
It is possible that passion was running very high between the parties and when the quarrel between the two appellants and the deceased as well as his wife was going on in the courtyard of the house o....
Point of Law : Amicus Curie has not been able to show that the above parameters have been satisfied, so as to take the prosecution case out of the purview of Section 302 of the Indian Penal Code.
Testimony of an injured witness is highly reliable due to the built-in guarantee of presence. The sudden fight exception applies to culpable homicide when committed without premeditation in the heat ....
Although the accused had the intent to kill, yet, the assault was the out-come of a sudden quarrel, made in a heat of passion and without any premeditation
The conviction for murder under Sec. 302 IPC can be sustained based on the testimony of a sole eyewitness, provided the evidence is credible and corroborated, and the intent to kill is established th....
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