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2002 Supreme(SC) 42

DORAISWAMY RAJU, M.B.SHAH
Kajal Sen – Appellant
Versus
State Of Assam – Respondent


JUDGMENT

Shah, J.-The High Court of Gauhati in Criminal Appeal No. 102 of 1994 confirmed the judgment and order dated 7.7.1994 passed by the Additional Sessions Judge, Silchar in Sessions Case No. 9 of 1992 convicting the appellants for the offence punishable under Sections 302/149 and 148 of IPC and sentencing them to undergo rigorous imprisonment for life and to a fine of Rs. 2000/- each for the offence under Section 302/149 IPC and further imposing sentence of one year rigorous imprisonment for the offence punishable under Section 148 IPC. That order is challenged by filing this appeal.

2. It is the prosecution version that deceased Dipak Deb alias Piklu, resident of Silchar went out for buying and chewing Paan (Betel) at about 10 p.m. on 14.12.1990. On hearing his cry for help, brothers of the deceased went at the scene of the offence. It is their say that deceased Piklu was caught by the accused persons and at their instance, Nepal Deb (since deceased) gave a dagger blow on the left side of the chest of Piklu. The accused thereafter escaped. Deceased was taken to Civil Hospital at Silchar and subsequently shifted to Silchar Medical College Hospital. Dr. Debabrata Singh (PW 10)


















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