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2023 Supreme(Gau) 150

SUSMITA PHUKAN KHAUND
Giren Das, S/o. Sri Pitambar Das – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellants : Mr. B. Chakraborty.
For the Respondent: Mr. K.K. Das.

JUDGMENT :

1. Heard Mr. B. Chakraborty, learned counsel appearing on behalf of the appellants. Also heard Mr. K.K. Das, learned Addl. P.P. for the State of Assam.

2. This appeal is preferred to set at naught the judgment and order dated 12.04.2011 passed by the learned Additional Sessions Judge (FTC No. 1) in Sessions Case No. 114(K)/2008, convicting Giren Das, Pitambar Das and Smt. Ambabala Das, under Section 498(A) of the Indian Penal Code (IPC for short) and sentencing them to undergo rigorous imprisonment for 1(one) year and to pay a fine of Rs. 2,000/-with default clause and convicting them under Section 304(B) IPC and sentencing them to undergo rigorous imprisonment for 10(ten) years, without fine. The sentences are to run concurrently.

3. The genesis of the case was that the deceased Bhanumati Das was subjected to cruelty by Giren Das and his family members to meet their illegal demand of dowry. On the night of 08.03.2006, Bhanumati Das committed suicide and when the informant learnt about the incident, he went to the matrimonial house of his sister and learnt that Giren Das, Pitambar Das and Smt. Aambabala Das, committed murder of his sister.

4. The brother of the deceased

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