Appeal by Sunaram Bhumij convicted under IPC Sections 302, 324, 448 dismissed as abated. Appellant expired on 13.02.2023 in custody, supported by medical reports. Hence, no further appeal proceedings possible.
Appeal dismissed as abated. Lower Court record sent back.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010093452022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/57/2022
SUNARAM BHUMIJ TINSUKIA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. S D PURKAYASTHA, AMICUS CURIAE
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
17.07.2023
(M.Zothankhuma,J)
Heard Mr. S.D. Purkayastha, learned Amicus Curiae. Also heard Ms. S. Jahan, Addl. Public Prosecutor appearing for the State.
It has been submitted by both the parties that the appellant expired on
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13.02.2023, while being in judicial custody. As he was unwell, he was taken to the Hospital, where he eventually expired. As such, the appeal stands abated.
This appeal has been filed against the Judgment and Order dated 05.04.2022 and Sentence Order dated 07.04.2022 passed by the Sessions Judge, Tinsukia in Session Case No. 99(T) of 2019, by which the appellant had been convicted under Sections 302, 324 and 448 IPC.
The appellant was thereafter sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 5000/-, in default, Simple Imprisonment for 6 months under Section 302 IPC. He was also sentenced to undergo Rigorous Imprisonment for one year under Section 324 IPC and Rigorous Imprisonment for three months under Section 448 IPC. All the sentences were to run concurrently. However, the appellant has apparently expired and in support of the same, the Addl. Public Prosecutor has submitted the Cadaver Report issued by the Assam Medical College & Hospital, Dibrugarh and the Death Certificate issued by the Registrar(Birth & Death), Assam Medical College & Hospital, Dibrugarh dated 01.03.2023, which shows that the appellant expired on 13.02.2023.
The Cadaver Report and the Death Certificate issued by the Assam Medical College & Hospital, Dibrugarh are made a part of the record and marked as Annexure ‘X’ and ‘Y’ respectively.
In view of the above facts, the appeal stands dismissed as abated.
Send back the LCR.
The fees of the learned Amicus Curiae, if any, shall be paid in terms of the parameters laid down by the State Legal Services Authority, Assam.
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JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the current appeal stands abated due to the death of the appellant during judicial custody.
1 provisions across 1 enactments
Sunaram Bhumij
State of Assam
Michael Zothankhuma
Malasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
