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2021 Supreme(Gau) 377

SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Nitul Saikia S/o Sri Mangola Saikia – Appellant
Versus
State Of Assam And Anr Represented By The Public Prosecutor, Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. N. UDDIN

JUDGMENT :

Suman Shyam, J

Heard Mr. N. Uddin, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, representing the State/respondent No.1. None has appeared for the informant/respondent No.2.

2. The sole appellant Nitul Saikia was convicted under Sections 302/451 of the Indian Penal Code (IPC) by the judgment and order dated 21.10.2019 passed by the learned Additional Sessions Judge No.1, Nagaon, in Sessions (TJ) Case No.47/2018 for committing the murder of Pori Saikia and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.1000/-, in default of payment of which, to undergo rigorous imprisonment for further period of two months for committing the offence under Section 302 IPC. The appellant was also sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-and in default, to undergo rigorous imprisonment for further period of one month, for committing the offence under Section 451 of the IPC. Both the substantive sentences were to run concurrently.

3. The prosecution case, in a nutshell, is that on 20.07.2017, at about 10.40 p.m. the accused/appellant came to the h

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