Application under Section 389(1) CrPC by a convicted appellant seeking suspension of a life sentence for murder during the pendency of his criminal appeal. The Court found no prima facie case for suspension, noting medical evidence and dying declaration issues were matters for full appellate hearing, and dismissed the application.
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GAHC010263562023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/444/2024
DAINEISANG PUDAITE S/O SRI KHUNZUL PUDAITE
VILL.- P. HNACHANGJAL P.O.- DITTOKCHERA P.S.- HARANGAJAO DIST.- DIMA HASAO (ASSAM) PIN- 788818.
VERSUS
THE STATE OF ASSAM AND ANR. REP BY THE PP ASSAM 2:BABUL ACHARJEE S/O LT. SATISH CHNADRA ACHARJEE
VILL.- KAYANG DESUWALI BASTI P.O.- DITTOKCHERA P.S.- HARANGAJAO DIST.- DIMA HASAO (ASSAM) PIN- 788818. -----------Advocate for : MR. B BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.
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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 06.09.2024 (M. Choudhury, J)
Heard Mr. B. Baruah, learned counsel for the applicant-appellant; Ms. A. Begum, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam; and Mr. B.K. Sen, learned counsel for the opposite party no. 2- informant.
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of Rs. 10,000/- [Rupees ten thousand], in default of payment of fine, to undergo further imprisonment for another six months. No sentence has been imposed on the applicant-appellant for the offence under Section 341, IPC on the premise that the prosecution did not pray for it. The criminal appeal has already been admitted for hearing.
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assailants. The learned counsel for the opposite parties have further submitted that there was no delay in lodging the FIR as in the meantime, the informant, who was the elder brother of the deceased, was busy in providing medical treatment to the deceased at the Silchar Medical College & Hospital [SMC&H], which is in another district, and such delay has already been explained during his testimony. The learned counsel for the opposite parties have further referred to the initial Medical Examination Report [Ext.-P-14] of the deceased to submit that when the deceased was first examined on 31.03.2015, the deceased was found to have suffered grievous injury caused by blunt forces and on that day, the deceased was found suffering from traumatic quadriparesis and the fact was further substantiated from the Post-Mortem Examination Report [Ext.-P12]. It is the contention that as regards the oral dying declaration, the defence was not successful to dispute the same and as such, the finding of guilt based on these evidences was correctly reached by the learned trial court.
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also Daineisang Pudaite. The issue whether the learned trial court had properly reached the finding that the assailant of the deceased was properly identified or not is a matter which would require a detail consideration on the basis of the entire evidence/materials on record and the same is only possible at the stage of hearing of the accompanying criminal appeal. It appears from the evidence/materials on record, prima facie, that the deceased, when he was treated at Silchar Medical College & Hospital [SMC&H] on 31.03.2015, he was not in a position to speak as the I.O. was not able to record his statement at that time. The non-admissibility as regards the oral dying declaration of the deceased, as contended by the learned counsel for the applicant-appellant, would also stand for consideration at the stage of such hearing. It is not in dispute that the deceased was assaulted on 28.03.2015/29.03.2015 and when he was medically examined on 31.03.2015 at Silchar Medical College & Hospital [SMC&H], he was found to be traumatically quadriparesis with absence of reflexes and as per the Post-Mortem Examination Report [Ext.-P12], the deceased sustained transverse fractures on cervical 6 vertebrae and his C5 to C7 were found contused. Having considered the aforesaid aspects, we do not find that the applicant-appellant has made out a prima facie case for suspension of execution of the sentence passed against him.
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and the observations made hereinabove shall not be construed as observations in respect of the merits of the accompanying criminal appeal.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the conviction and life sentence for murder should be suspended pending appeal under Section 389(1) CrPC.
3 provisions across 2 enactments
DAINEISANG PUDAITE
THE STATE OF ASSAM
BABUL ACHARJEE
MANISH CHOUDHURY
MITALI THAKURIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
