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2024 Supreme(Gau) 1669

SANJAY KUMAR MEDHI, MRIDUL KUMAR KALITA
Salon Thausen Karbi Anglong, Assam – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri A. Tiwari, Amicus Curiae
For the Respondents: Shri K.K. Das, Addl. PP, Assam.

JUDGMENT :

(S.K. Medhi, J)

The instant appeal has been preferred from Jail against the judgment dated 17.06.2022 passed by the Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 309/2017 (New)/Sessions Case No. 97/2010 (Old). By the impugned judgment, the appellant has been convicted u/s 323/302 of the IPC with R.I. for life and a fine of Rs. 10,000/-, in default, R.I. for 1 year and further a fine of Rs. 1000/- u/s 323 IPC in default, R.I. for 3 months.

2. The criminal law was set into motion by lodging of an Ejahar on 15.12.2009 by the PW4. It was stated that on the previous night at about 11.30 PM when the informant along with the deceased who was his maternal uncle were going to his house at Kheroni, the appellant had suddenly punched him on the right eye and thereafter assaulted the deceased with sharp weapon causing grievous injuries, as a result of which the deceased had expired in the Diphu Civil Hospital. Based on the Ejahar, an F.I.R. was registered and after completion of the investigation, formal charge sheet was filed. The charges were accordingly framed and on denial thereof the trial had begun.

3. In the trial, the prosecution had adduced evidence through 8 nos. o

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