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2025 Supreme(Gau) 1271
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
S.K. MEDHI, MARLI VANKUNG, JJ.
The State of Assam - Appellant
Versus
Sanjay Rajowar S/o Late Babu Rajowar - Respondent
Death Sentence Ref. No. 2 of 2020
Decided On : 30-07-2025
Advocate Appeared:
K.N. Choudhury, Sanjay Rajowar
Conviction under Section 302 IPC for premeditated murder requires balancing aggravating and mitigating factors; death penalty is reserved for the rarest of rare cases.
Headnote:(A) Indian Penal Code, 1860 - Sections 302, 341, 342, 427, 506, 143, 144, 147, 148, 149; Assam Medical Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2011 - Conviction for murder and causing death of a medical professional - The accused Sanjoy Rajowar was sentenced to death for stabbing a doctor during a violent mob incident, highlighting grave culpability and absence of remorse. Case emphasizes the rarest of rare category for death penalty, given the premeditated assault. (Paras 69-92)
Facts of the case:
On 31.08.2019, a mob attacked Dr. Deben Dutta in Teok Tea Garden Hospital, leading to his death due to severe injuries inflicted, notably a stab wound to the thigh. The violence was triggered by the death of a patient.
Issues: Determining whether the heinous nature of the crime warrants a death sentence.
Findings of Court:
The Trial Court found the actions of the accused to be brutal, highlighting the absence of mitigating circumstances regarding the accused's background or potential for rehabilitation. The murder was characterized as cold-blooded and the conduct of the accused demonstrated a lack of humanity.
Ratio Decidendi: The court ruled that the behavior of the accused during the incident and subsequent actions showed no regard for human life and lacked the possibility of reformation.
Result: The reference for confirmation of the death sentence was answered in the negative, leading to a commutation of the sentence.
| 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 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 6 to 7 persons. When he was brought to the hospital, the dresser on duty Sh. Subhash Rajowar rushed on his bike to bring the nurse Smt. Ranjula Hazarika Bora to the hospital. When she arrived at the hospital, she immediately informed the Medical Officer, Dr. Deben Dutta over phone and as per the direction of the Medical Officer, the nurse administered one Dexona Injection. Soon, the Medical Officer of the hospital Sh. Deben Dutta arrived at the hospital and started treatment with nebulizer on the patient. By then a mob of around 40 persons gathered at the hospital creating ruckus. They assaulted and threatened Mr. Maresh Robidas, Chowkidar of the hospital who tried to pacify the mob. The mob threatened Ranjula Hazarika Bora, nurse at the hospital and also restrained Sh. Subhash Rajowar, dresser of the hospital from protecting the Doctor who was being subjected to brutal assault by the mob. The mob confined Dr. Deben Dutta in a room and started brutally assaulting him with fists and blows with wooden leg of a table and sharp glass blades extracted by breaking the windows of the hospital. The Doctor started bleeding profusely. The Welfare Officer of the Teok Tea Estate, Mr. Jibon Kurmi, Sh. Mukhyajyoti Barua, Asst. Manager and Sh. Manoj Gogoi, Manager soon reached the hospital. The crowd had grown to 200 to 250 persons. The mob continued to engage in damage and destruction of the hospital property and continued to assault Dr. Deben Dutta. On receiving information, the police from Teok Police Station had reached the spot but the police were outnumbered and could not do their duty. No heed was paid to the Executive Magistrate who could not perform his duty to maintain law and order. The Ambulance was called for; however, the mob did not allow access to the Ambulance. After reinforcement of the police Sh. Samara Majhi and Dr. Deben Dutta were shifted to the Jorhat Medical College and Hospital. Dr. Deben Dutta was declared brought dead at the hospital.
3. Due to the brutal physical assault by the unlawful mob, serious injuries by giving fists and blows, assault with wooden leg of the table and injuries through sharp glass blades taken from the window, Dr. Deben Dutta died. The names of the person who allegedly caused the death of Dr.
