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2021 Supreme(Gau) 410

ROBIN PHUKAN
Khilli Chiroju, S/o. Sasha Chiroju – Appellant
Versus
State of Arunachal Pradesh through the Public Prosecutor, Arunachal Pradesh – Respondent


Advocates Appeared:
For the Appellant :Mr. D. Panging, Advocate.
For the Respondent: Ms. L. Hage, Addl. P.P., Arunachal Pradesh.

JUDGMENT :

1. This appeal under section 374(2) Cr.P.C. is directed against the judgment and order of conviction dated-26.11.2019, passed by the learned District & Sessions Judge, West Kameng, District-Bomdila in Sessions Case No.112/2015, under Section 304 (A) IPC, read with Section 25 & 27(1) of the Arms Act, 1959. It is to be mentioned here that vide aforesaid judgment and order, the learned Sessions Judge, Bomdila has convicted the accused Khilli Chiroju, under Section 304 (A) IPC read with Section 25 & 27 (1) (2) of the Arms Act and sentenced to suffer imprisonment for 3 years under Section 25 of Arms Act and also to pay a fine of Rs.3,000/- and 7 years under Section 27(2) of Arms Act and further sentenced to undergo SI for 1 year under Section 304 (A) IPC and also to pay fine of Rs.1,000/- in default of fine to suffer another 2 months and further directed to set off his previous custodial period from total period of conviction.

2. The factual background leading to filing of this appeal is adumbrated herein below:-

    “On 05.10.2015, one Khilli Chiroju, son of Sri Sasha Chiroju of village Nijung, P.S.-Nafra, West Kameng district was sleeping in his agricultural filed at Nijung. At ar

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