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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MR. JUSTICE MIR ALFAZ ALI, MR. JUSTICE SUMAN SHYAM, JJ
SRI TANKESWAR SARMA – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent
| Table of Content |
|---|
| 1. commencement of appeal and initial facts. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments of the defense regarding accidental shooting. (Para 18 , 19) |
| 3. lessons from precedent cases on homicide. (Para 21 , 22 , 25) |
| 4. court's view on evidence and intent. (Para 24 , 27) |
| 5. conclusion on modified conviction under lesser charge. (Para 28) |
| 6. court’s rationale in modifying the conviction. (Para 31 , 32) |
Learned counsel Mr. Samiron Sarma, appearing for the appellant and Mr. M. Phukan, Additional Public Prosecutor, Assam were heard.
2. This appeal is directed against the judgment and order dated 30.05.2019 rendered by the learned Sessions Judge, Darrang, Mangaldai, in Sessions Case No. 45(DM)/2015. By the said judgment, learned Sessions Judge convicted the appellant under Sections 302 /307 IPC and Section 27(1) of the Arms Act and sentenced him to undergo rigorous imprisonment for life and fine of Rs.10,000/- with default stipulation under Section 302 IPC; imprisonment for 10 (ten) years and to pay fine of Rs.5,000/- with default stipulation under Section 307 IPC and rigorous imprisonment for 3 (three) years and to pay fine of Rs.2,000/- with default stipulation under Section 27(1) of
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