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2012 Supreme(Gau) 1268

I.A.ANSARI, INDIRA SHAH
Luku Desari – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. K. Goswami, Amicus Curiae, Mr. A.K. Roy, Ms. A. Ajitsaria & Ms. N. Hawelia
For Respondents/Defendant: Mr. K.A. Mazumdar, Addl. PP

JUDGMENT

I.A. Ansari, J.

1. These appeals have been preferred against the judgment and order, dated 15.02.2007, passed, by the learned Additional Sessions Judge No. 2 (FTC), Tinsukia, in Sessions Case No. 8 (T)/2005. Since these appeals have been preferred against the same judgment and these appeals have been heard together, we propose to dispose of the appeals by this common judgment and order. The accused-appellants were charged and tried for the offences under Sections 448, 302 and 323 read with Section 34 IPC. By the impugned judgment, the appellants have been convicted under the aforesaid penal provisions and sentenced to undergo, for their conviction under Section 302 IPC read with Section 34 IPC, imprisonment for life and pay a fine of Rs. 1000/- and, in default, to undergo rigorous imprisonment for six months and also to surfer, for their conviction under Section 323 read with Section 34 IPC, rigorous imprisonment for three months. The appellants have been further sentenced to undergo, for their conviction under Section 448 read with Section 34 IPC, rigorous imprisonment for three months.

2. The prosecution's case, in brief, is that on 31.07.2003, at about 8 pm. the accused-ap




















































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