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2025 Supreme(Gau) 83

THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, K. SEMA
Radha Mohan Hajong Baksa, Assam – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
For the Petitioner: MS B SARMA, AMICUS CURIAE
For the Respondent: PP, ASSAM

JUDGMENT :

S.K. Medhi, J.

The instant appeal has been preferred from jail against the judgment dated 12.04.2019 passed by the learned Sessions Judge, Baksa, in Sessions Case No. 52/2018 (Old No. 46/2017), whereby, the appellant was convicted and sentenced to undergo Rigorous Imprisonment (RI) for life with a fine of Rs. 5,000/- (Five Thousand), in default, to undergo Simple Imprisonment (SI) for six months under Section 302 IPC .

2. The same involves the death/killing of the wife of the appellant, who was accused of such offence.

3. The criminal law was set into motion by lodging of an Ejahar on 25.09.2016 by PW-3, who is the brother of the deceased. It has been stated that at about 3.40 pm on that day when his younger sister was working in the house, the appellant had suddenly hacked her on her neck by means of a Dao as a result of which she fell on the ground and died on the spot. It was stated that he came to know about the same when the neighbours immediately came there and the accused went to the Police Station taking along the Dao. Based on the aforesaid Ejahar, the formal F.I.R. was registered and investigation















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