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2019 Supreme(Gau) 452

RUMI KUMARI PHUKAN
Md. Abdul Salam – Appellant
Versus
Indra Deo Harijan – Respondent


Advocates Appeared:
For the Appellant :Mr. Inam Uddin, Advocate., Mr. P. D. Nair, Advocate,
For the Respondent:Mr. P. D. Nair. Advocate., Mr. Inam Uddin. Advocate, Mr. D.C. Borah. Advocate.

JUDGMENT :

1. Both the Revision Petitions are taken up together for disposal as in both petitions challenge have been made against the common judgment and order passed by the learned Appellate Court of Addl. Sessions Judge (FTC), Nagaon, in Criminal Appeal No.11(N)/2008 dated 07.09.2009.

2. Briefly stated, one Md. Abdul Salam lodged a complaint which was registered as C.R. Case No.1981/99, in the Court of learned SDJM, Nagaon with regard to mis-appropriation of 22 buffalos, by accused persons namely Abdul Gafur, Mujibur Rahman and Habibur Rahman. The said case was registered u/s.420/06/506/34 IPC and while the case was at the hearing stage, both the parties entered into a compromise, which is as follows:

"We, the complainant and the accused persons named hereinabove both beg to humbly submit that the case referred to above was among us brothers the prominent persons of our village partitioned our paternal properties as well as all the movable and immovable properties purchased by us among us three brothers. We the parties took delivery of our respective shares of the properties. There is no property left for partitioning among us brothers and we have accepted the parties of the proper

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