This interim order grants bail to Son Sing Teron, convicted under Section 304 Part I IPC, pending his regular appeal. The court noted evidentiary discrepancies regarding the cause of death and the nature of injuries.
Bail granted to the accused Son Sing Teron on Rs. 20,000 with one surety of the like amount.
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GAHC010145282019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 514/2019 In Crl. A. No. 254/2019
SRI SON SING TERON
S/O- LATE SARTHE TERON, R/O- MANJA, P.S. MANJA, DIST.- KARBI ANGLONG, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR REP. BY THE P.P., ASSAM
2:SRI AMRIT TARO S/O- LATE MONOJ TARO R/O- MEN TARO GAON P.S. MANJA, DIST.- KARBI ANGLONG ASSAM
Advocate for the Petitioner : MR. V RAJKHOWA Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
21-10-2019
Heard Mr. S. Barthakur, learned counsel for the appellant as well as Mr. R. J. Baruah, learned Addl. PP.
Appeal has been made on behalf of the accused, namely Son Sing Teron under Section 389 CrPC. The accused is convicted under Section 304 Part I IPC and sentenced to undergo rigorous imprisonment for 8 years and fine of Rs.5000 and in default to pay the fine, to undergo further imprisonment for 6 months.
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According to the learned counsel for the petitioner even if it is admitted that there is a tussle between the parties resulting the death of the injured but there was no finding of such injury in the post mortem report.
Referring to the evidence on record, it has been submitted that family members of the deceased has stated that the deceased died because of assault made by accused. but the other independent witnesses has submitted that they heard that there was a tussle between the parties as a result of which deceased died and he was drunk at the time of occurrence. It is also pointed out that save and except referring above some assault made by the accused with hand and fist evidence on record is not at all specific as to how such assault by the accused and in which portion. Medical evidence said that the deceased died because of rupture of spleen there was no mark for injury on the body of the deceased.
Learned counsel for the petitioner has also referred the decision of the Allahabad High Court in 1990 CRI. L. J. 486 reported in Sri Prakash Appellant Vs State respondents herein deceased died on spleen injury and there was no visible injury on the dead body, and enlarged spleen can only be the reason for death. It was held that in such situation the accused cannot be held guilty under Section 304 IPC.
It is contended that the present case is also depicted the similar picture. There is also no visible injuries found on dead body as per the medical report and also the spleen of the deceased was enlarged three times.
On a careful examination of the evidence on record, it is found that the evidence on independent witnesses and the medical evidence as well did not support the case of the informant.
As it will take time to conduct the hearing for regular appeal, the accused person Son Sing Teron is hereby go on bail of Rs.20,000/- with one surety of the like amount, to the satisfaction of the learned trial Court with reference to the Sessions Case No. 02/2013 (Old)/ Sessions Case No.306/2017 (New) corresponding to GR Case No. 10/2012 and Manja PS Case No. 01/2012.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the appellant during the pendency of his regular appeal under Section 389 CrPC.
Whether the independent witness testimony and medical evidence support the prosecution's case of assault.
Colour shows how this judgement treated each authority
Sri Prakash Appellant Vs StateReferred¶21
1990 CRI. L. J. 486, Sri Prakash Appellant Vs State · Who else cites this
1 provisions across 1 enactments
Son Sing Teron
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
