IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Yarenjungla Longkumer, Sanjay Kumar Medhi
Dhrubajyoti Borah S/O. Lt. Mintu Borah – Appellant
Versus
State Of Assam Rep. By PP – Respondent
| Table of Content |
|---|
| 1. jurisdiction and legal context of appeal. (Para 1 , 2) |
| 2. factual details of the incident and witnesses. (Para 3 , 6 , 7 , 9 , 12) |
| 3. arguments for the defense regarding circumstantial evidence. (Para 15 , 16 , 17 , 19) |
| 4. arguments for the prosecution on circumstantial evidence. (Para 18 , 20 , 21) |
| 5. legal standards for circumstantial evidence. (Para 22 , 23) |
| 6. judicial reasoning, including witness assessments. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 7. relevant case law on evidence admission. (Para 30 , 31 , 32) |
| 8. insanity defense under the ipc. (Para 34 , 35 , 36) |
| 9. legal standards for the insanity defense. (Para 40 , 42) |
| 10. court's evaluation of circumstantial evidence's sufficiency. (Para 41) |
| 11. final judgment and dismissal of appeal. (Para 43 , 44 , 45) |
JUDGMENT :
S.K. Medhi, J.
The instant appeal has been preferred from jail under Section 302 /201 IPC (corresponding to Sections 103 /238 BNS ) against the judgment and order dated 09.05.2022 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 210/2018; sentencing the appellant to undergo RI for life and fine of Rs.5,000/- i/d SI for 06 months under Section 302 IPC (corresponding to Section 103 BN
Trimukh Maroti Kirkan Vs State of Maharashtra
State of Punjab Vs Hakam Singh
Prem Singh vs. State (NCT of Delhi)
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The burden of proving unsoundness of mind as a defence lies with the accused, and must be established at the time of the offence, which was not satisfied in this case.
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