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2019 Supreme(Gau) 691

MIR ALFAZ ALI, S.HUKATO SWU
Shibu Ram Ray – Appellant
Versus
State Of Assam And Anr Represented By Public Prosecutor, Assam – Respondent


Advocates:
Advocate Appeared:
A. Dasgupta, Advocate, A. Rahman, Advocate, S. Jahan, Advocate

JUDGMENT :

Mir Alfaz Ali, J.

Heard learned counsel, Mr. A.Dasgupta for the appellants and learned Addl. P.P., Ms. S. Jahan for the State-respondent.

2. This appeal is directed against the judgment and order passed by the learned Sessions Judge, Dhubri in Sessions Case No.251/2014, whereby, the learned Addl. Sessions Judge convicted the appellants under section 302 IPC and sentenced them to imprisonment for life and fine of Rs.2,000/- each with default stipulation.

3. An FIR was lodged by Jibesh Ch. Ray @ Jibu (PW-11) alleging, that on 09-10-11 at about 10 pm, the accused persons Sibu Ram Ray, Manik Ray and Debendra Nath Ray picked up quarrel with the informant Jibesh Ch. Ray and abused him with filthy language and they also assaulted the informant Jibesh Ch. Ray. When he raised alarm, the deceased Hemant Kumar Ray came there for his rescue, whereupon the said accused persons named in the FIR assaulted Hemanta Ray causing grievous injury, as a result of which, the deceased met with instantaneous death. On the basis of the said FIR, police registered Golakganj P.S. No. 519/2011 u/s 294/323/302/34 and commenced investigation. In course of investigation, police recorded the statement of th

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