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2019 Supreme(Gau) 553

M.R.PATHAK, MIR ALFAZ ALI
Md. Asab Uddin – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. Ujjal Choudhury, Amicus Curiae
For the Respondent: Ms. S Jahan (Addl. PP, Assam)

JUDGMENT :

M.R. Pathak, J.

Heard Mr. Ujjal Choudhury, learned Amicus Curiae for the accused appellant and Ms. Shamima Jahan, learned Additional Public Prosecutor, Assam for the respondent State.

2. This appeal from jail is filed by the accused appellant, Md. Asab Uddin against the judgment dated 18.02.2015, passed by learned Sessions Judge, Bongaigaon in Sessions Case No. 127 (Mcr)/2013 whereby he has been convicted under Section 302 IPC for committing murder of his wife Asma Khatun and minor daughter Momtaz and sentenced to rigorous imprisonment for life with fine of Rs. 2,000/-, in default of payment of the same, to undergo rigorous imprisonment for 1 year as well as for offence under Section 201 IPC he was sentenced to Rigorous Imprisonment for 3 years with fine of Rs. 1 year, in default Rigorous Imprisonment for 6 months, where the sentences to run concurrently setting off the period in custody undergone by the accused appellant during investigation and trial of the case.

3. The prosecution case is that the informant, Bairan Ali (PW.1) on 29.07.2012 lodged a written ejahar before the Officer-in-Charge of Merarchar Police Station stating inter alia that the accused Md. Asab Uddin ma

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