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2021 Supreme(Gau) 373

SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Babil Hassa @ Jiru Babil Hassa – Appellant
Versus
State Of Assam – Respondent


JUDGMENT :

P.J. Saikia, J

Heard Ms. P.D. Bordoloi, learned Amicus Curiae, appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State of Assam.

2. This is an appeal under Section 374(2) of the CrPC challenging the Judgment and Order dated 22.03.2016 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 149/2014, convicting the appellant under Sections 302/326 of the Indian Penal Code. He was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, he was sentenced to undergo Simple Imprisonment of 3 (three) months. For the offence under Section 326 of the IPC, the appellant was sentenced to undergo RI for 3 (three) years and was also sentenced to pay a fine of Rs.3,000.00, i/d SI for 3 (three) months.

3. The prosecution case against the appellant depicts a horrific story. On 04.05.2014, past midnight, the appellant attacked his wife (the deceased) and his two minor daughters, namely, Smti. Anu Hassa (PW-3) and Smti. Tanu Hassa (PW-4) with a sharp weapon. The appellant had chopped off the head of his wife with a dao. He also caused cut injuries to PW-3 and to PW-4.

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