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2021 Supreme(Gau) 384

SUMAN SHYAM
Robin Karmakar, S/o. Lt. Lalu Karmakar – Appellant
Versus
State Of Assam Rep. By PP, Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS. B SARMA, adv
For the Respondent: Ms. B. Bhuyan

JUDGMENT :

Suman Shyam, J

1. Heard Ms. Bijita Sarma, learned Amicus Curiae, appearing for the appellants in Crl.A.(J) 57/2019 and Mr. S. Islam, learned counsel representing the appellants in Crl. A. 224/2019. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent no.2.

2. By the judgment and order dated 14/02/2019 passed by the learned Additional Sessions Judge – 2 (FTC) Tinsukia, in sessions case No. 70(T)/2015, the six appellants in Crl. A. (J) 57/2019 and two appellants in Crl. A. 224/2019 had been convicted under Section 302/34 IPC for committing the murder of Subhash Boraik and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/-each, and in default, to undergo rigorous imprisonment for one year each.

3. By this common judgment and order, we proposed to dispose of both the appeals.

4. The prosecution story, in a nutshell, is that on 06/10/2010, Smt. Chandmoni Boraik (PW-1) i.e. the wife of the deceased Subhash Boraik had lodged an ejahar before the Officer-in-Charge, Doom-Dooma Police Station reporting that on 05/10/2010 at around 9-30 p.m. (1) Sri Kamand Karma

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