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2000 Supreme(SC) 1219

K.T.THOMAS, R.P.SETHI
RAMDEO CHAUHAN ALIAS RAJNATH CHAUHAN – Appellant
Versus
State Of Assam – Respondent


Judgment

SETHI, J.- The appellant was charged under Sections 302 and 326 IPC for having caused the death of four persons of a family, namely, Mr Babani Charan Das, Assistant Engineer, PWD, Morigaon Division, aged 37 years, his wife Smt Minati Das, aged about 30 years, their daughter aged 2-1/2 years and Ms Smriti Rekha Das, sister of Babani Charan Das aged about 22 years. He was also charged with having caused injuries with the sharp-edged weapon to Smt Jayanti Das, the mother of Deceased 1 and Shri Rajen Hazarika, neighbour of the deceased. On proof of charges, the trial court convicted the appellant of the offences punishable under Sections 302, 326, 325 and 323 IPC. As he was sentenced to death under Section 302 IPC, the trial court did not feel the necessity of awarding separate punishments for offences under Sections 326, 325 and 323 IPC. The trial court submitted the entire proceedings to the High Court for confirmation of the sentence. The appellant also filed an appeal against the order of conviction and sentence passed by the trial court. Both Criminal Death Reference No.1 of 1998 and Criminal Appeal No. 109 of 1998 were disposed of by the judgment impugned in this appeal































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