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2021 Supreme(Gau) 790

Hanif Ekka – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Susmita Kanungoe, Amicus Curiae
For the Respondent: Pranjal Borthakur, Additional Public Prosecutor

JUDGMENT :

Manish Choudhury, J.

1. Both these criminal appeals-Criminal Appeal (J) no. 65/2015 and Criminal Appeal no. 37/2016-are directed against a judgment and order dated 30.05.2015 passed by the trial court of learned Sessions Judge, Golaghat in Sessions Case no. 160/2010. By the said judgment and order, the learned trial court has convicted the accused-appellant under Section 302, Indian Penal Code (IPC) and the accused-appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for another 1 (one) month.

2. The investigation was set in motion on the basis of a First Information Report [FIR] [Ext-5] lodged on 10.08.2010 by the informant, Smti. Nirmala Toppo before the In-Charge, Numuligarh Police Outpost. In the FIR, the informant naming the sole accused had, inter alia, alleged that at around 08-00 p.m. on 08.08.2010, the accused who lived nearby her house, came to her house. While having a talk with the informant's husband, Sadram Toppo the accused got angry all of a sudden and kicked her husband from inside the house to the courtyard. He then, seriously injured Sadram Toppo by st

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