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MICHAEL ZOTHANKHUMA, MALASRI NANDI
Amit Sabar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. K. Goswami, learned Senior Counsel and Amicus Curiae assisted by Mr. R. Das, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State respondent.
2. This appeal has been filed against the judgment and order dated 30.11.2018 passed by the learned Additional Sessions Judge (FTC), Jorhat in Sessions Case No. 70(J-T)/2018, by which the appellant has been convicted under Section 302 IPC. The appellant was thereafter sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default, simple imprisonment for 6 (six) months vide sentence order dated 06.12.2018.
3. The prosecution case in brief is that an FIR dated 14.01.2018 was submitted before the Officer-in-Charge of Titabor Police Station stating that on 13.01.2018, at around 11:30 pm, the informant’s brother Sri Amit Sabar had called their father away from the house and killed him on the road near the house, by slashing his neck with a pruning knife. Pursuant to the FIR, Titabor P.S. Case No. 09/2018 under Section 302 of the IPC was registered against the appellant. After investigation was completed, charge-shee
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Section 299 relates to causing death by doing an act with intention of causing death or with intention of causing bodily injury as is likely to cause death.
Point of the court : merely on the basis of the single injury, the Court would not convert the case of Section 302 of IPC into Section 304 Part II of IPC. Nature of offence would certainly depend upo....
The central legal point established in the judgment is the distinction between culpable homicide and murder under the Indian Penal Code, and the assessment of the accused's knowledge and intention in....
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