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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
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 Manager of Teok Tea Estate, Jorhat, Assam lodged a First Information Report before the Officer-in-charge, Teok Police Station, Jorhat to the effect that on 31.08.2019 the Doctor of the hospital/dispensary of the Teok Tea Estate was killed by a mob. As per the FIR lodged by Sh. Manoj Gogoi, Senior Manager of Teok Tea Estate at around 2:35 PM, one Samra Majhi (30) S/o Late Jagan Majhi of Major Line of Teok Tea Estate slipped in the bathroom and received head injury. At around 3:15 PM, he was brought to Teok Tea Estate Hospital by
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