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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, KAKHETO SEMA
Arun Kurmi, S/o. Bonrosi Kurmi – Appellant
Versus
State Of Assam, Represented By PP, Assam – Respondent
Judgment :
(S.K. Medhi, J.)
The instant appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973 [corresponding to Section 415 BNSS] against the judgment and order dated 08.11.2023 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 38/2003 (GR Case No.559/1999) under Section 302 of the Indian Penal Code [corresponding to Section 103 BNS], thereby sentencing the appellant to undergo SI for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand) in default further RI for two years and under Section 27(2) of Arms Act sentencing the appellant to undergo RI for 7(seven) years and to pay a fine of Rs.5,000/- (Rupees Five Thousand) in default further RI for two years more.
2. There is a chequerd history in this case and in fact the trial was held afresh after a remand order passed by a Division Bench of this Court dated 07.08.2007. However, it is necessary to give a background of the case in brief.
3. The criminal law was set into motion by lodging of an Ejahar by PW3 on 20.08.1999. It was stated that at about 11:00 AM an incident of firing had taken place in the premises of the Urbashi Cinema Hall at Golaghat in which, a young boy of 18 years was
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