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2002 Supreme(Gau) 185

J.N.SARMA, I.A.ANSARI
Disheswar Baori @ Khetrapal – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
P.Bora, B.P.Kataki, M.R.Pathak

I. A. ANSARI, J-

True it is that a crime must not go unpunished, but in its anxiety to do justice, Court cannot admit inadmissible evidence nor can Court rely on unreliable evidence. This case reminds us of these golden principles of criminal jurisprudence.

2. This appeal arises out of the judgment and order, dated 17.4.2001, passed by learned Sessions Judge, Sibsagar, in Sessions Case No. 15(S-C)/1996, convicting the accused-appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 10007- and in default, to undergo rigorous imprisonment for a further period of 3 (three) months.

3. The prosecution's case against the appellant, as unfolded at the trial, may, in brief, be stated as follows:

Deceased Binti Khetrapal was wife of the appellant, namely, BisheswarBaori @ Khetrapal and both of them were employees of Teok Tea Estate. On 16.5.95, at about 8 a.m., while deceased was going to work, she was given blows with a dao (M.Ext. 1) by the appellant seriously injuring her. Since it was the usual time for the employees of the Tea Estate to go for their work, some of the female workers of the garden, who, too, were proceeding towards









































































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