Page No.# 1/3 GAHC010256492024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1151/2025 SHARIFUDDIN @ SARIFUDDIN S/O - LATE ABUL KASHEM R/O - VILL - MOHUMARA P.S. - LAHARIGHAT DIST - MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR J C BORAH, MR P KATAKI,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./395/2025 SHARIFUDDIN @ SARIFUDDIN S/O - LATE ABUL KASHEM R/O - VILL - MOHUMARA P.S. - LAHARIGHAT DIST - MORIGAON ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MR J C BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 27/04/2026 (Michael Zothankhuma, J) 1. Heard Mr. P. Kataki, learned senior counsel assisted by Mr. J.C. Borah, learned counsel for the applicant as well as Mr. R.R. Kaushik, learned APP, Assam. 2. This is an application under section 430(2) BNSS for suspending the sentence imposed upon the applicant/appellant, pursuant to his conviction under section 302 IPC vide judgement dated 09/05/2024, passed in Sessions Case No. 110/2014 by the learned Sessions Judge, Morigaon. The applicant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default, to undergo a further period of 6 month rigorous imprisonment. 3. At the outset, it is seen that there is an eye witness to the crime in question, which is PW-9. Further, not only was PW-9 an eye witness, he was also an injured eye witness. It is settled law that the evidence of an injured eye witness stands on a higher pedestal than a normal witness. Page No.# 3/3 4. On considering the fact that no prima facie case of innocence can be made out on the application filed by the applicant, we do not find any ground to allow the application at this stage. Further, as the Paper Book has been furnished to the parties and the date of final hearing is fixed on 22/06/2026, the present application is rejected. JUDGE JUDGE Comparing Assistant