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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Michael Zothankhuma, Kaushik Goswami
Devinson Ronghang @ Sri Mensing Ronghang @ Sri Rensing Ronghang, S/o Sri dhansing Ronghang – Appellant
Versus
State of Assam Represented by Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. appellant convicted for mother's murder (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding evidentiary shortcomings (Para 6 , 8 , 10) |
| 3. medical evidence confirms homicide (Para 11 , 12) |
| 4. credibility of eyewitness accounts (Para 15 , 18 , 20) |
| 5. analysis of exception to murder charge (Para 22 , 23 , 24 , 25) |
| 6. intent deduced from injury nature (Para 26 , 27 , 28) |
| 7. decision on appeal and confirmation of sentence (Para 29 , 30 , 31) |
JUDGMENT :
Kaushik Goswami, J.
Heard Ms. R. D. Mazumdar, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel/Additional Public Prosecutor assisted by Ms. R. Das appearing for the State respondent and Ms. R. B. Bora, learned Legal Aid Counsel appearing for the respondent No. 2.
2. This appeal is directed against the judgment and order dated 09.02.2022 passed by the learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 25/2021, whereby the accused/appellant was convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine, with default stipulation, for committing the murder of his mother.
3. The prosecution case, in brief, is that on 05.08.2021 at about
The conviction for murder under Section 302 IPC was upheld as the act did not constitute a lesser offence due to absence of premeditation or mutual combat, with clear evidence supporting the intentio....
The central legal point established in the judgment is the distinction between culpable homicide and murder under the Indian Penal Code, and the assessment of the accused's knowledge and intention in....
The absence of a satisfactory explanation from the accused, along with consistent witness statements and incriminating evidence, can lead to a conviction. Additionally, the court applied the paramete....
The burden of proof, quality of evidence, and the application of exception 4 to section 300 of IPC in determining the nature of the offence.
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