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2017 Supreme(Gau) 959

MIR ALFAZ ALI
Nomal Bora Son of Late Abhiram Bora – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Ms. S Kanungoe (Amicus Curiae)
For the Respondents: Mr. PS Lahkar (Addl. PP, Assam)

JUDGMENT &ORDER :

1. Heard Ms. S Kanungoe, learned Amicus Curie and Mr. PS Lahkar, learned Addl. PP, Assam.

2. The revision petitioners were convicted under Section 447/324/34 IPC in GR Case No.545/2003 by learned SDJM, Biswanath Chariali and sentenced to imprisonment for 3 (three) months under section 447 and imprisonment for 1 (one) year under Section 324 IPC.

3. The revision petitioners preferred an appeal and the learned Sessions Judge upheld the conviction. However, modified the sentence reducing the term of imprisonment to 1 (one) month for the offence under Section 447 IPC and imprisonment for 6 (six) months under Section 324 IPC.

4. Aggrieved by the judgment of conviction and sentence by the Court of Sessions, the revision petitioner has preferred the instant appeal.

5. Learned Amicus Curiae submits that the evidence brought on record did not constitute any offence under Section 324 IPC and therefore, conviction of the accused persons under Section 324 IPC was illegal and required to be set-aside. It has also been contended by the learned Amicus Curiae, that all the witnesses examined by the prosecution were interested witness being relations of the injured and therefore, no rel






























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