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2022 Supreme(Gau) 417

SUMAN SHYAM, MALASRI NANDI
Niranjan Heera – Appellant
Versus
State Of Assam Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N.N. B. Choudhury, Adv.
For the Respondents: Ms. S. Jahan. Adv

JUDGEMENT :

Suman Shyam, J.

1. Heard Mr. N.N.B. Choudhury, learned counsel appearing for the appellants. We have also heard Ms. S. Jahan, learned APP, Assam, who has appeared on behalf of the State of Assam. Ms. R.R. Kakati, learned Legal Aid Counsel is present on behalf of the informant.

2. This appeal arises out of the judgment dated 25/04/2017 passed by the learned Sessions Judge, Morigaon, in connection with Sessions Case No. 07/2013 whereby, the learned trial Court has convicted both the appellants for committing offences punishable under Sections 448/302/34 of the Indian Penal Code (IPC) and sentenced each of them to suffer rigorous imprisonment for one year and to pay fine of Rs. 1000/-each for committing the offence under Sections 448/34 IPC. The learned Court below has also sentenced both the appellants to suffer rigorous imprisonment for life and also to pay fine of Rs. 30,000/-each with default stipulation for committing the offence under Sections 302/34 of the IPC. Both the sentences were to run concurrently.

3. The facts of the case, in a nutshell, are that on 20/10/2012, Smt. Bhagya Hira i.e. the wife of the deceased Darshan Hira had lodged an ejahar with the Incharge of

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