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2019 Supreme(Gau) 1138

M.R.PATHAK, SANJAY KUMAR MEDHI
Birkhatamang – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kaushik Goswami.
For the Respondent: Makhan Phukan.

JUDGMENT :

Sanjay Kumar Medhi, J.

1. The instant appeal has been preferred against the judgment dated 28.07.2017 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 101/2012 under Sections 302/326/307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 5,000/- in default, simple imprisonment for another terms for committing the offence under Section 302 of the IPC and to undergo rigorous imprisonment for 6 (six) years and to pay a fine of Rs. 3,000/- in default, simple imprisonment for another period of 15 (fifteen) days for the offence under Section 326 of the IPC. The appellant also convicted to undergo rigorous imprisonment for 6 (six) years and to pay fine of Rs. 3,000/- in default, simple imprisonment for another period of 15 (fifteen) days for the offence under Section 307 of the Indian Penal Code.

2. We have heard Sri Kaushik Goswami, learned Amicus Curiae for the appellant as well as Sri Makhan Phukan, learned Additional Public Prosecutor, Assam. The records, which were called for by us, have also been carefully examined.

3. Before proceeding any further with the judgment, it would be convenient to narrate the fa

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