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2025 Supreme(Gau) 117

THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, K. SEMA
Topeswar Rabha S/o. Sri Munna Rabha – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioners: MS S ROY (Amicus Curiae), MR. K SARMA,MR. S BORUAH
For the Respondent: PP, ASSAM

JUDGMENT :

S.K. Medhi , J.

The instant appeal was initially preferred from jail against judgment and order dated 06.05.2022 passed by the learned Sessions Judge, Sonitpur in Sessions Case No. 04/2019 convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.5,000/- in default to undergo SI for another 3 months. However, subsequently, learned counsel has been engaged on behalf of the appellant.

2. The criminal law was set into motion by lodging of an Ejahar by PW1, who is the brother of the deceased. The Ejahar which was lodged on 01.05.2018 had alleged that on the previous day i.e. 30.04.2018 at about 04:00 PM, his elder brother Raju Bhengra, who was aged about 75 years, was assaulted by the accused persons with bamboo stick causing grievous injury. As a result of the said assault, his elder brother had become unconscious and fell on the ground. On hearing the news, the informant had come and saw his elder brother on the ground in an unconscious state and he was taken to the Dhekiajuli Monbor Nath Primary Health Centre. However, for better treatment, he was


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