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2019 Supreme(Gau) 394

M.R.PATHAK, SONGKHUPCHUNG SERTO
Fatema Khatun – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
M.U. Mondal, Adv., P. Sharma, Adv.

JUDGMENT :

S. Serto, J.

This is a criminal appeal directed against the judgment & order dated 03.08.2015, passed by the learned Addl. Session Judge (FTC), Nagaon in Session's Case No. 287(N)/2003, wherein the accused persons except one of them were acquitted of the charges under section 148/149/323/302 IPC.

The appellant is the wife of the victim/deceased.

2. Heard Mr. M.U. Mondal, learned counsel for the appellant. Also heard Ms. B.Bhuyan, learned Addl. P.P on behalf of the State of Assam and Mr. D.K. Medhi, learned counsel for respondents No.2 to 8.

3. The facts which led to the filing of this appeal are as follows;

On 28.11.2000, at 2:00 P.M, one Md. Mamit Ali, lodged an ejahar to the Officer-in Charge of Rupohihat Police Station, stating that at about 1:00 P.M. of that day, Md. Sukur Ali, Md. Sorhab Ali, Ali Akbar, Abdul Hekim, Abdul Mannaf, Idris Ali, Nur Islam, Nurul Hoque and Saidur Islam, having previous grudge, assaulted his uncles namely, Md. Samir Ali, Jamir Ali, Mafiz Ali and Siddique Ali, on PWD road in front of his house causing thereby grievous injuries, therefore, investigation may be conducted and necessary action may also be taken.

On received of the same, FIR Case No. 9

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