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2021 Supreme(Gau) 52

SUMAN SHYAM, MIR ALFAZ ALI
Babul Sarma, S/O Late Ghana Kanta Sarma – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. R K Saini Advocate

JUDGMENT :

Suman Shyam, J.

1. Heard Mrs. M.D. Choudhury, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/ respondent No.1. None has appeared for the informant.

2. The instant appeal has been filed assailing the judgment and order dated 25/06/2015 passed by the learned District and Sessions Judge, Udalguri in connection with Sessions Case No. 108(U)/2014, convicting the sole appellant under section 302/324 of the IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for 2 (two) months for the offence charged under Section 302 IPC and had also sentenced him to undergo rigorous imprisonment for one year for the offence charged under section 324 IPC. Both the sentences were to run concurrently.

3. The prosecution case, in a nutshell, is that on 30/05/2014, at about 10 a.m., the accused had hacked the victim with a ‘beki dao’ on several parts of her body, as a result of which, she had sustained grievous injuries and died after some time.

4. On 30/05/2014, an ejahar was lodged by the younger brother of the deceased before the Officer-

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