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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJAY KUMAR MEDHI, PRANJAL DAS
Chikoram Gowala @ Bui Karbi Anglong – Appellant
Versus
State Of Assam Rep. By Pp – Respondent
JUDGMENT :
S.K. Medhi, J.
The instant appeal has been preferred from jail against a judgment & order dated 28.01.2022 passed by the learned Sessions Judge, Karbi Anglong, Diphu in connection with Sessions Case No.26/2017 (New) arising out of GR Case No. 191/2015 convicting the appellant under Section 302 of the IPC and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000/- with default stipulation.
2. The criminal law was set into motion by lodging of an Ejahar on 06.03.2015 by the PW3 stating inter alia that on 05.03.2015 at about 7:30 pm, the appellant had grievously injured Shri Sursingh Gaur @ Bankot Gaur, who was his father-in-law by assaulting him on the head with a lathi made of stump of bamboo whereafter, the deceased was brought to Dokmoka Primary Health Centre, where he succumbed to his injuries. Based on the Ejahar, the FIR was registered as Dokmoka PS Case No.17/2025 under Section 302 of the Indian Penal Code.
3. After completion of the investigation, the charge sheet was submitted whereafter, the charges were framed. On denial of the same, the trial had begun in which the prosecution had adduced evidence through 11 nos. of witnesse
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The main legal point established in the judgment is that the appellant's act did not constitute culpable homicide but fell under Section 323 IPC, leading to the modification of the conviction and sen....
The court reclassified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of intent and motive.
The court distinguished between culpable homicide and murder, ruling that a single blow does not imply intent to kill, leading to a conviction under Section 304 Part II IPC.
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
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.
In Exception 4-culpable homicide is not murder if it is committed without premeditation in a sudden fight in heat of passion upon a sudden quarrel and without offender having taken undue advantage or....
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