Criminal Appeal No. 104 (J) of 2015. Case: Atowa Sanga Vs State of Assam & another. Guwahati High Court

Case NumberCriminal Appeal No. 104 (J) of 2015
CounselFor Appellant: Mr. RK Dutta, learned Amicus curiae, Adv. and For Respondent: Mr. Dhanesh Das, learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal Code - Section 302
Judgement DateThursday September 15, 2016
CourtGuwahati High Court

Judgment:

Mr. Ajit Singh, C.J

  1. The sole appellant Atowa Sanga has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2000/- with default stipulation.

  2. The victim of the incident was Silvesta Sanga, aged about 25 years. He was brother of the appellant.

  3. According to the prosecution case, the appellant and Silvesta lived separately in their respective houses though both the houses were contiguous. On 01.12.2012, sometime in the night, the appellant caused injury on the back side of the head of Silvesta with catapult (a Y-shaped implement with a loop of elastic fastened to the ends of the two prongs, used mainly by children for shooting small stones) as a result of which, he died in his house. The appellant then went to the house of Jogen Tanti (PW-2) and stated that Silvesta...

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