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2021 Supreme(SC) 577

L.NAGESWARA RAO, B.R.GAVAI
Md. Alfaz Ali – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ajay Marwah, AOR Mr. Adithya Srinivasan, Adv. Mr. Swaroop Mishra Adv. Mr. Ayush Gupta Adv. Mr. A. Sirajudeen, Sr.Adv. Ms. Manjeet Chawla, AOR
For the Respondent(s): Mr. Akshay Amritanshu,Adv. Mr. Ankit Kumar Lal, AOR Mr. Debojit Borkakati, AOR Mr. Vivek Sonker,Adv.

ORDER :

1. On 31.10.2006, a complaint was filed by Md. Abdul Jalil son of Kalu Khan, resident of village Kareyia Pahar to Officer-in-Charge of Police Station Jogighopa, District Bongaigaon alleging that his daughter Marzina Begum was killed by the Petitioner, who is her husband. The Petitioner was convicted under Section 302 IPC and was sentenced to undergo rigorous imprisonment for life. The appeal filed by the Petitioner challenging the conviction and sentence was dismissed by the High Court by a judgment dated 15.07.2016, aggrieved by which this Special Leave Petition is filed.

2. Notice was issued on 27.07.2018, restricted to the question of propriety of specifying rigorous imprisonment while imposing life sentence.

3. We are informed by the learned Counsel for the State that the Petitioner was released on annual leave of 30 days on 17.02.2020 but he did not surrender after expiry of leave on 18.03.2020. An FIR was lodged on 19.03.2020 at Jogighopa Police Station under Section 224 IPC. The Petitioner surrendered on 28.05.2020 and he has undergone sentence of about nine years till date.

Special Leave Petition (Crl.) No. 7110 of 2018)

4. The Petitioner has filed the above SLP assailin

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