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2021 Supreme(Gau) 470

SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Mukul Kalita – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P. Goswami.

JUDGMENT :

Heard Mr. P. Goswami the learned amicus curie appearing for the appellant. Also heard Ms. B. Bhuiyan the leaned Additional Public Prosecutor for the State.

1. This is a jail appeal u/s 385 of the Cr.P.C. whereby, the judgment and order dated 06.02.2015, passed by the learned Sessions Judge, Kamrup, Amingaon in Sessions Case No. 435/2014, is under challenged. By the impugned judgment the appellant is convicted u/s 302 of the IPC.

2. On 03.09.2014, Sri. Swadhin Rabha (PW-2) had lodged one FIR before police stating that his elder sister Rashmi Kalita (the deceased) was married to the appellant and during the period of one year before filing the FIR, the appellant had physically tortured her. According to the informant, the appellant had demanded dowry from the deceased and as she failed to comply with his demand, he had killed her at 3 a.m. in the previous night. In the FIR, it has been alleged that the parents of the appellant and one Smt. Nijora Kalita were also involved in the said incident.

3. On the basis of the said FIR, police registered Chaygaon P.S. Case No. 285/2014. After that, police started investigation.

4. The dead-body of the deceased was sent for post-mortem exa

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