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2020 Supreme(Gau) 318

MIR ALFAZ ALI, S.HUKATO SWU
Ramesh Verma @ Ramesh Proza S/o Late Ram Brij Verma – Appellant
Versus
State of Assam, Represented by PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P J Saikia
For the Respondent: Ms. S Jahan (PP)

JUDGMENT :

Mir Alfaz Ali, J.

This appeal is directed against the judgment and order passed by learned Sessions Judge No. 2(FTC), Tinsukia in Sessions Case No.130(T)/2012. By the said judgment, learned Sessions Judge convicted the appellants under Sections 302/34 IPC and sentenced them to rigorous imprisonment for life and fine of Rs. 5,000/- (Rupees five thousand only) each with default stipulation.

2. As per prosecution case, Smti. Dipali Mallah, wife of Jugesh Mallah was missing since 4 pm of 05-12-2011. Suspecting involvement of the deceased husband of the informant in the disappearance of Dipali Malla, appellant Jugesh Mallah along with his co-villagers Bhagat Sahani, Sukhi Shah, Kutu Das, Amal Das, Prafulla Das, Raju Das and 6/7 others being armed with dao, stick etc. came to the house of the informant at about 10 pm and took the husband of the informant to a field near the house of one Bhagatji and mounted assault on him. After inflicting multiple injuries, the accused persons left the victim in his house at about 2 am. They also threatened the informant with dire consequences, if she informs the police. At about 5 am in the morning on 06-12-2011, the husband of the informant

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