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2022 Supreme(Gau) 914

SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Jogoi Teli – Appellant
Versus
State of Assam Rep. By PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N Deka, Amicus Curiae

JUDGMENT :

Suman Shyam, J.

Heard Mr. N. Deka, learned amicus curiae appearing for the sole appellant. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing on behalf of the State/ respondent No. 1. None has appeared for the informant/respondent No. 2.

2. This appeal from jail is directed against the judgment dated 17-08-2019 passed by the learned Sessions Judge, Hailakandi in connection with Sessions Case No. 24/2014 convicting the appellant under Section 302 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/- with default stipulation.

3. The prosecution case, in a nutshell, is to the effect that on 07-05-2012, at around 02:00 p.m. the appellant/accused Jogoi Teli had hacked the victim Dilip Teli with a ‘dao’ causing death to him. On 07-05-2012 itself, the wife of the deceased Smti. Binati Teli (PW-1) lodged an ejahar with the In-Charge of Bilaipur Police Outpost, coming under Lala Police Station, reporting the incident. In the ejahar, 05 persons including the appellant had been shown as accused persons whereby, it was alleged that the accused persons had gheraoed her husband and the main accused, i.e. th

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