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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Md. Abul kalam s/o- Shwer Ali – Appellant
Versus
State Of Assam Rep. By P.P., Assam – Respondent
| Table of Content |
|---|
| 1. conviction based on assault leading to death (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 17) |
| 2. arguments for insufficient evidence and claims of provocation (Para 8 , 9 , 10 , 11) |
| 3. prosecution evidence corroboration (Para 14 , 15) |
| 4. legal standards on intent and culpability in homicide (Para 43 , 44 , 46) |
| 5. conclusion upholding conviction (Para 49 , 50 , 51) |
Judgment :
Mitali Thakuria, J.
1.Heard Mr. N. Mahajan, learned counsel for the appellants. Also heard Ms. A. Begum, learned Addl. Public Prosecutor, Assam for the State respondent No.1 and Ms. P. B. Bordoloi, learned Amicus Curiae, appearing for the respondent No.2.
2. This appeal has been preferred by the accused appellants against the judgment and order dated 19.11.2019, passed by the learned Addl. Sessions Judge, Sonitpur, in Sessions Case No.138/2018, whereby the appellants were convicted (i) under Section 302/34 IPC and sentenced to life imprisonment with fine of Rs.10,000/- (Rupees Ten Thousand) only along with default stipulation, (ii) under Section 324/34 IPC and sentenced 3 (three) years rigorous imprisonment with fine of Rs.5,000/- (Rupees Five Thousand) only along with default stipulation and (iii) to undergo r
The court upheld murder convictions, emphasizing that minor witness discrepancies do not invalidate strong corroborating evidence; intent and premeditation were crucial in determining the charges.
The court determined that the lack of premeditation during an altercation when the appellants assaulted the deceased supports a conviction under Section 304 Part-II IPC rather than Section 302 IPC.
The accused committed murder with the use of deadly weapons and there was no sudden fight or quarrel as envisaged in Exception 4 to Section 300 IPC.
The main legal point established in the judgment is the application of Exception 4 to Section 300 IPC in cases of sudden fights and the absence of premeditation, leading to a conviction under Section....
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
The main legal point established in the judgment is that the appellant's actions fell under Exception 4 of Section 300 of the IPC, as the evidence established that the appellant acted in the heat of ....
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