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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 :
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.
3. The prosecution case in brief is that the informant, Md. Akkash Ali (PW.2), who happens to be the uncle of the deceased, lodged an FIR before the In- charge of Singiri Police Out Post, alleging inter alia that on 19.09.2016, at around 12.30 p.m., the accused persons quarreled with the nephew of the informant, namely, Shah Ali and assaulted him by hand and lathi, as a result of which, Shah Ali died on the spot. Accordingly the In-charge of Singiri Police Out Post made a G.D. Entry being G.D. No.315 dated 20.09.2016 and forwarded the same to Dhekiajuli Police Station for regist
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 ....
The court clarified that in cases of mutual fights, absence of premeditated intent necessitates a conviction under Section 304 Part-II, reflecting knowledge rather than intent to kill.
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