Page No.# 1/4 GAHC010185972025 2026:GAU-AS:8817 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/928/2025 NOGEN GOGOI @ NAGEN GOGOI SON OF LATE JUGENDHAR GOGOI, R/O PARBATIA GAON, P/S. AMGURI, DIST. SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MRS R BEGUM, Advocate for the Respondent : PP, ASSAM, In Crl.A./329/2025 NOGEN GOGOI @ NAGEN GOGOI SON OF LATE JUGENDHAR GOGOI R/O PARBATIA GAON P/S. AMGURI DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM Page No.# 2/4 REPRESENTED BY THE PP ASSAM ------------ Advocate for : MRS R BEGUM, MS S BARPUJARI,MR P KATAKI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 18.06.2026 Heard Mr. P. Kataki, learned Senior Counsel for the applicant. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. This Interlocutory Application has been preferred seeking suspension of the sentence of R.I. for 6 years imposed vide the impugned Judgment & Order dated 04.07.2025, passed by the learned Additional Sessions Judge, FTC, Sivasagar in Sessions Case No. 46(S-S)/2019 arising out of Amguri P.S. Case No. 48/2018 {GR Case No. 749/2018 (PRC No. 154/2019 under Section 449/302 IPC}. The informant namely, Smti Mrinali Gogoi lodged an ezaher on 11.5.2018 before the Officer-in-Charge of Amguri PS stating inter alia that on 10.5.2018 at about 5:00 AM, while she was away from her house in connection with her work, accused Nogen Gogoi came to their house situated at Parbotia Gaon, and assaulted her husband viz. Jiten Gogoi with the blunt side of a knife and also by Page No.# 3/4 pressing his neck. It is alleged that thereafter, the accused kicked her husband Jiten Gogoi at his "athan" (testicles) consequent to which Jiten Gogoi became senseless and fell down. As a result of the injuries sustained, her husband had to be admitted at the Sivasagar Civil Hospital, and that while undergoing treatment her husband died on 11.5.25 at about 1:00 PM. The learned Senior Counsel for the applicant has taken the Court through the evidence on record and submitted that there are eye witnesses to the occurrence. However, it has come in the evidence of PW-4 that he saw the applicant punching and kicking the deceased incessantly referring to the medical evidence adduced through PW-9, the cause of the death was due to coma as a result of perforation peritonitis of small intestine (ileum) following blunt abdominal trauma. It is submitted that while even accepting that the applicant gave blows and kicks to the abdominal of the deceased, the applicant may not have known that the same would lead to his death. It is also apparent from the evidence that, no immediate medical treatment was provided to the deceased nor his family members, which may have saved the life of the deceased. In view of the aforesaid facts, there is ample ground to believe that the applicant shall subsided in the appeal and thereafter, it is a fit case for suspension of sentence. Page No.# 4/4 On the other hand, the learned Additional Public Prosecutor has opposed the prayer for suspension of sentence and submitted that there is no infirmity in the findings of the learned Trial Court. Having regard to the submissions of learned Senior Counsel for the applicant, it cannot be said that the applicant does not have an arguable case in appeal the sentence is only of 6 years and it is been held by the Hon’ble Apex Court that when the sentence is for a fixed or short period normally, the sentence is to be suspended pending on disposal of the appeal. In view of the above as well as the fact that the applicant has spent about a year in custody, the remaining part of the sentence is hereby suspended and the applicant/appellant is allowed to go on bail on furnishing a bail bond of Rs. 50,000/- with two (2) sureties of the like amount to the satisfaction of the learned Trial Court. I.A. stands allowed and disposed of accordingly. JUDGE Comparing Assistant