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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MARLI VANKUNG, S.K.MEDHI
State of Assam – Appellant
Versus
Sanjay Rajowar S/o Late Babu Rajowar – Respondent
| Table of Content |
|---|
| 1. existence of a mob leading to violence. (Para 1 , 2 , 3) |
| 2. prior police awareness of incidents. (Para 4 , 5) |
| 3. extent of injuries sustained by the victim. (Para 6 , 8) |
| 4. prosecution's presentation of witness evidence. (Para 9 , 10 , 11) |
| 5. defense's denial of assault evidence. (Para 12 , 13 , 14) |
| 6. court's evaluation of aggravating and mitigating factors. (Para 70 , 71 , 72) |
| 7. debate on punishment severity and legal consequences. (Para 80) |
| 8. judgment on upholding justice and need for reform. (Para 88 , 90 , 92) |
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. K.N. Choudhury, learned Senior counsel appearing as Amicus Curiae, Ms. S. Jahan learned Addl. PP and Mr. M.K. Das for the informant. Also heard Shri S Borthakur, learned counsel for the convict. This is a reference made for the confirmation on the order to suffer death sentence by the Sessions Judge, Jorhat, Assam dated 12.10.2020 in Session Case No. 157(J-T)/19 (GR Case No. 3191/90) on the conviction of Sh. Sanjoy Rajowar under sections 302 IPC and 302/149/342/353/148/149 IPC r/w Section 4 of the AMSP and MSI Act, 2011.
2. The prosecution story in brief is that on 31.08.2019 at 10:10 PM, one Sh. Manoj Gogoi, Senior
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