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2013 Supreme(Gau) 106

I.A.ANSARI, INDIRA SHAH
Kamal Hazarika – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. K. Sarma, Mr. D. Das, Mr. A. Hussain and Mr. J.C. Deka
For Respondents/Defendant: P.P., Assam

JUDGMENT

Iqbal Ahmed Ansari, J.

1. This appeal is directed against the judgment and order, dated 02.06.2010, passed, in Sessions Case No. 54 of 2008, by the learned Additional Sessions Judge (FTC), Biswanath Chariali, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 1,000/- and, in default of payment of fine, further rigorous imprisonment for sixty days. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) Accused Kamal Hazarika is brother of Ganesh Hazarika (PW 1), whose wife, Charu Hazarika, was killed, on 1.3.2007, at about 6.45 p.m. at the backyard of her house. At the time of occurrence, deceased Charu Hazarika's husband, Ganesh Hazarika (PW 1), was undergoing training, as a teacher, at Baihata Chariali. On being informed by one of his co-villagers, Sabitri (PW 8), that his (PW 1's) wife, Charu Hazarika, was unwell, PW 1 came to his house and found his wife's dead body lying at the backyard of his house with several incised wounds on her face. On the following day, i.e., on 02.03.2007, PW 1 lodged a written Ejahar (Ext. 1) and, treating the same as First Inform




























































































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