Radha Mohan Hajong vs The State Of Assam
2023 Latest Caselaw 1675 Gua

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GAHC010282062019




                              THE GAUHATI HIGH COURT
    (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : CRL.A(J)/106/2019

               RADHA MOHAN HAJONG
               BAKSA, ASSAM.


               VERSUS

               THE STATE OF ASSAM
               REP. BY PP, ASSAM.


Advocate for the Petitioner   : MS B SARMA, AMICUS CURIAE

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA

28.04.2023 ORDER (Lanusungkum Jamir, J.)

Heard Ms. B. Sharma, learned amicus curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

This appeal from jail is directed against the judgment dated 12.04.2019 passed by the learned Sessions Judge, Baksa, Mushalpur in Sessions Case No.52/2018 (Old No.46/2017) whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months under Section 302 IPC.

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During the course of the hearing and while appreciating the evidences, we find that PW2, Anil Hajong, in his deposition has stated that his elder brother, Dipak Hajong, saw the occurrence and informed him accordingly. Further, deposition of PW5, Uttam Hajong, indicates that his niece, Gita Hajong, informed him that her father killed her mother, Subala Hajong.

We find that the two prime witnesses, namely, Dipak Hajong and Gita Hajong were not examined.

At this stage, Ms. Bhuyan, learned Additional Public Prosecutor, Assam prays before this Court to allow the prosecution to examine the said two persons, namely, Dipak Hajong and Gita Hajong.

After considering the submission advanced by the learned Additional Public Prosecutor, Assam and on appreciation of the evidences, we also find that the evidences of Dipak Hajong and Gita Hajong should be examined by the learned Court below.

Accordingly, we direct the learned Sessions Judge, Baksa, Mushalpur to examine the said two persons, namely, Dipak Hajong and Gita Hajong, within a period of one month from the date of receipt of a copy of this order. Thereafter, evidences of the said Gita Hajong and Dipak Hajong shall be forwarded to this Court.

List the matter again after six weeks.

Registry is directed to furnish a copy of this order to the learned Sessions Judge, Baksa, Mushalpur.

                                 JUDGE                JUDGE


Comparing Assistant