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2022 Supreme(Gau) 907

ACHINTYA MALLA BUJOR BARUA
Ear Ali @ Iyer Ali Sheikh, S/o. Late Mokram Ali Sheik – Appellant
Versus
State Of Assam, Represented By The Principal Secretary To The Government Of Assam, Home And Political Departments, Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Islam.

JUDGMENT :

1. Heard Mr. M Islam, learned counsel for the petitioner. Also heard Mr. D Nath, learned Senior Government Advocate for the respondents No.1, 3 and 4 respectively being the authorities under the Home and Political Department, Government of Assam as well as the District Legal Services Authorities South Salmara, Mankachar district and Ms. R S Chowdhury, learned counsel for the respondent No.3 being the Assam State Legal Services Authority. We also requested Mr. Ashok Saraf, learned Senior counsel to act as Amicus Curiae in the matter and have also heard the learned Amicus Curiae and appreciate that the submissions of the learned Senior Counsel have immensely contributed in arriving at the judgment.

2. The daughter of the petitioner namely Nilima Khatun was killed by slitting her throat by the accused on 31.03.2009 and in this respect South Salmara P.S. Case No.58/2009 had been registered amongst others, under Section 302 of the IPC. It is stated that the South Salmara P.S. Case No.58/2009 resulted in Sessions Case No.170/2010 in the Court of the learned Sessions Judge Dhubri which resulted in the judgment dated 11.11.2014 wherein the accused person was convicted under Sect

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