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2022 Supreme(Gau) 962

SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Ahon Wangsa, S/o. Sri Matelem Wangsa – Appellant
Versus
State of Arunachal Pradesh, Rep. by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.D. Purkayastha.

JUDGMENT :

Suman Shyam, J.

Both these appeals arise out of judgment dated 20.07.2020 passed by the learned District & Sessions Judge, Khonsa in Sessions Case No.04/2019 and therefore, are being taken up together for disposal by this common order.

2. We have heard Mr. S.D. Purkayastha, learned counsel for the appellant in Criminal Appeal No.97/2021 and Mr. B. M. Choudhury, learned counsel appearing for the appellant in Criminal Appeal No.194/2020. We have also heard Mr. N.N.B. Choudhury, learned Public Prosecutor, State of Arunachal Pradesh appearing for the State/respondent No.1. Mr. Azad Ahmed, learned counsel has appeared on behalf of the informant/respondent No.2 in both these appeals.

3. The prosecution case, briefly stated, is to the effect that the victim Anwar Uddin had a mobile phone shop at the Longding Market. Initially, the shop of Anwar Uddin was situated towards the lower side of the market but since his mobile phone business did not pick up well at that location, hence, he had shifted his shop “P. K. Mobile” to the Longding market, by the side of the electronic shop run by appellant Nipen Das @ Kala. The re-location of the mobile phone shop of Anwar Uddin did not go down

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