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2012 Supreme(Gau) 1176

ADARSH KUMAR GOEL, C.R.SARMA
Maruka Samad – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Ms. B. Gogoi, Amicus Curiae
For Respondents/Defendant: Mr. D. Das, Addl. PP

JUDGMENT

C.R. Sarma, J.

1. This appeal is directed against the judgment and order dated 12.06.2007, passed by the learned Addl. Sessions Judge (FTC), Bongaigaon, in Sessions Case No. 67 (BGN)/99.

By the impugned judgment and order, the learned Sessions Judge convicted the appellant, under section 302 IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. 5,000/-, in default suffer rigorous imprisonment for one year, for his conviction under section 302 IPC. The appellant has also been convicted under section 307 IPC and sentenced him to suffer rigorous imprisonment for 10 years and pay fine of Rs. 2,000/-, in default suffer rigorous imprisonment for another period of one year for his conviction under section 307 IPC. It has been directed that both the sentences shall run concurrently.

Aggrieved by the said conviction and sentence the accused person as appellant has come up with this appeal.

We have heard Ms. B. Gogoi, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

2. The prosecution Case, in brief, is that on 7.5.1995 at about 5 p.m., Head Constable Maruka Samad (hereinafter






































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