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2019 Supreme(Gau) 40

RUMI KUMARI PHUKAN
Utpal Ghosh Biswas – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
A.M. Bora, Adv., M.P. Goswami, Adv., R. Sarma, Adv.

JUDGMENT :

RUMI KUMARI PHUKAN, J.

1. Heard Mr. A.M. Bora, learned senior counsel appearing for and on behalf of the petitioner as well as Mr. M.P. Goswami, learned Addl. P.P., Assam representing the State respondent No.1 and Mr. R. Sarma, learned counsel appearing for the respondent No.2.

2. The petitioner herein has been arrayed as one of the accused in the Sessions Case No.50(T)/2015, pending before the learned Sessions Judge, Tinsukia. The case is at the hearing stage, after framing of charge.

3. During the course of hearing, two witnesses were examined by the prosecution on 05.05.2016 out of 16 witnesses (PW.1, Smti Jugo Verma and PW.2, Smti Mamon Verma) who turned hostile and they have denied their statement before the I.O. as well as the Magistrate. Persuaded by the fact that these witnesses have given false evidence by deviating from their earlier statement, the learned trial Court by its order dated 05.05.2016, directed the Sheristader of the establishment of District & Sessions Judge, Tinsukia to file a complaint against both the witnesses, under Section 193 of the IPC, by holding that "it transpires that both the witnesses are giving false evidence in the court, which is puni






























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