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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, YARENJUNGLA LONGKUMER
Santius Kujur, Udalguri, Assam – Appellant
Versus
State Of Assam, Rep. By PP, Assam – Respondent
JUDGMENT :
(S.K. Medhi, J.)
1. The instant appeal has been preferred from jail against a judgment and order dated 06.12.2019 passed by the Addl. Sessions Judge, Udalguri in Sessions Case No. 13/2019 (GR Case No. 943/2018), whereby the appellant was convicted under Section 302 of the IPC and was sentenced to undergo R.I. for life and fine of Rs.10,000/-.
2. The said case involves the killing of the father by the appellant for which he has been convicted and sentenced vide the impugned judgment and order.
3. The criminal law was set into motion by lodging of an Ejahar on 16.09.2018 by PW-1. In the said Ejahar, it was alleged that on the previous day i.e., 15.09.2018 at around 5.30 a.m., an altercation took place between his brother-in-law (appellant) and father-in-law (deceased) over the issue of a bicycle in which the appellant, in a fit of rage hit on the head of the deceased with a piece of firewood which was lying nearby causing grievous injury causing the death of the deceased.
4. After registration of the Ejahar, the investigation had begun in which the appellant was arrested, statements of the witnesses were examined, the body was taken for post-mortem, Sketch Map was prepared and
The court distinguished between culpable homicide and murder, ruling that a single blow does not imply intent to kill, leading to a conviction under Section 304 Part II IPC.
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The court reclassified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of intent and motive.
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
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