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2022 Supreme(Gau) 1228

ARUN DEV CHOUDHURY
Chukhu tach, W/o. Chukhu Bida – Appellant
Versus
State Of A. P. , Through The P. P. Of AP. – Respondent


Advocates Appeared:
For the Petitioner: Mr. G. Tarak.

JUDGMENT :

Heard Mr. G. Tarak, learned counsel for the appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor, State of Arunachal Pradesh.

1. This appeal is directed against the judgment dated 27.09.2018 and sentence dated 09.10.2018, passed by the learned Sessions Judge, Yupia in Session Case No. 20/2015, whereby the appellant was convicted under Section 304-II IPC and sentence to undergo for rigorous imprisonment for three years and to pay fine of Rs. 20,000/- and in default of payment of fine, to undergo further R.I. for six months.

2. The case of the Prosecution:

I. The prosecution case in nutshell is to the effect that the present appellant/accused, on 24-02.2015, came to the residence of the informant about 10:10 PM, wake up the husband of the informants, who was asleep at that point of time and offered him drinks. They drank together till 10:30 PM. Meanwhile, the husband of the informant returned to sleep. It is the further story of the prosecution that the informant No. 1 requested the appellant never to come again anytime as the present appellant had made her husband alcoholic every time he came. Then the appellant started quarreling with the informant and st

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