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2013 Supreme(Gau) 525

TINLIANTHANG VAIPHEI, M.R.PATHAK
Dinesh Sabar, Bikram Sabar, Babudhan Sabar and Pran Sabar – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. R. De, Amicus Curie
For Respondents/Defendant: Mr. D. Das, Additional Public Prosecutor

JUDGMENT

Tinlianthang Vaiphei, J.

1. We have extensively heard Mr. R. De, the learned Amicus Curie and Mr. D. Das, the learned Additional Public Prosecutor appearing for the State of Assam The validity of the judgment dated 20.7.2010 passed by the learned Additional Sessions Judge (Fast Track Court), Cachar in Sessions Case No. 94/08 convicting the four appellants under Section 341/322/34 IPC and sentencing them to undergo an imprisonment for life, to pay a fine of Rs.2,000/- by each of them and, in default thereof, to undergo RI for another 3 months. The appellants are also convicted under Section 341 /34 IPC and were sentenced to pay a fine of Rs.500/- by each of them and, in default thereof, to undergo SI for 15 days.

2. The Case of the prosecution in brief is that on 10.07.03 at about 2 pm, nine persons including the appellants wrongfully restrained Sadhu Tanti @ Banka Tanti (the deceased) on the road in front of the house of one Jiban Majhi, chased him and assaulted him with dao and lathi etc. carried by them at the backside of the house of one Smti. Sanaka Sabar (PW2) thereby causing severe injuries on him: the injuries inflicted upon him resulted in the death of the deceased. T






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