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2022 Supreme(Gau) 121

SUMAN SHYAM, ROBIN PHUKAN
Babul Saikia, S/o. Late Dehiram Saikia – Appellant
Versus
State of Assam, Rep. by The Learned Public Prosecutor, Gauhati High Court – Respondent


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

JUDGMENT :

Suman Shyam, J.

Heard Mr. A. Chamuah, learned counsel for the appellants. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State. None has appeared for the informant/ respondent in this case.

2. The five appellants, have approached this Court by presenting the instant appeal against the common judgment dated 13-07-2015 passed by the learned Sessions Judge, Nagaon in Sessions Case No. 104(N)/ 2009 convicting them under Section 302 read with Section 34 of IPC and sentencing each of them to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/- each with default stipulation.

3. The prosecution case, as unfolded from the materials available on record, is to the effect that the victim Tuni Bora had eloped with the appellant No. 2 Jayanta Saikia and got married with him about 1 year 4/5 months prior to the date of the incident. On 26-04-2009, Tuni Bora committed suicide in the premises of the house of the appellants by hanging herself with a rope from a (Jamun) blackberry tree. According to the prosecution, the victim was compell

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