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2019 Supreme(Gau) 678

MIR ALFAZ ALI, S.HUKATO SWU
Osman Goni SK – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
B. Bora, Advocate, A.F.N.U. Mollahr, Advocate

JUDGMENT :

S.Hukato Swu, J.

The present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 is preferred against the judgment and order dated 29-06-2017 passed by the learned Sessions Judge, Dhubri in Session Case No. 195 of 2015 convicting the accused/appellants under Section 302/34 IPC, 1860 and sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/- each and in default to undergo simple imprisonment for 6 (six) months.

2. The grounds raised by the appellants are that: (1) the learned District Judge has erroneously convicted the appellants under Section 302/34 IPC without any material proof by the prosecution, (2) secondly, it has been argued that there are several contradictions among the evidences of the PWs which were not considered by the learned Trial Court while passing the impugned judgment, (3) thirdly, the learned Trial Court had failed to appreciate the evidence on record in its true and proper perspective and came to an erroneous finding, (4) fourthly, all the witnesses are interested witnesses as such, conviction arrived at by the learned Trial Court on the basis of such witnesses are not tenable in law and fifthly, it is

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