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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Dipu Narzary, S/o. Ansaigwra Narzary – Appellant
Versus
State Of Assam, Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. procedural history, case facts, and initial conviction particulars. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellate contentions regarding evidence reliability and conviction legality. (Para 6 , 7 , 8 , 9 , 10) |
| 3. comprehensive evaluation of witness evidence and medical corroboration. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. testimony of injured witnesses holds high evidentiary value. (Para 30 , 31) |
| 5. application of section 300 exception 4 (sudden fight). (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 6. final confirmation of conviction and dismissal of appeal. (Para 38 , 39) |
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Ms. S. Medhi, the learned counsel for the appellant. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent.
2. This is an appeal u/s 374 Cr.PC challenging the impugned judgment dated 11.08.2023 and the order of sentence dated 14.08.2023 passed by Court of learned Sessions Judge, Kokrajhar in Sessions Case No. T1/24/2021 (corresponding to G.R. Case No. 625/2021), convicting the accused/appellant for the offence u/s 304 Part II and u/s 324 IPC and sentenced to undergo
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.
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The court affirmed that the 1st accused's act of stabbing the deceased constituted murder, rejecting the applicability of Exception 4 to Section 300 IPC due to the absence of mutual combat.
Culpable homicide may be reduced to lesser charges under Exception 4 of Section 300 IPC when death occurs due to injuries inflicted during a sudden fight without premeditation.
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....
A fatal assault committed without premeditation during a sudden fight and in the heat of passion, where no undue advantage is taken, attracts Exception 4 of Section 300 IPC, modifying the offence fro....
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