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2023 Supreme(Gau) 226

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Kishore Chawra, S/o Idrish Ali – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. BN Gogoi, Amicus Curiae.
For the Respondent: Ms. B Bhuyan, Additional Public Prosecutor

JUDGMENT :

Michael Zothankhuma, J.

Heard Dr. BN Gogoi, learned Amicus Curiae for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor appearing for the State.

2. The appellant has put to challenge the Judgment and Order dated 14.09.2017, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 33(J-T)/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life, with a fine of Rs.15,000/-, in default to undergo rigorous imprisonment for 6 (six) months.

3. The prosecution case in brief is that an FIR dated 23.11.2016 was submitted to the Officer-In-Charge, Mariani Police Station by PW-1, who is the father of the appellant/convict. The FIR states that at about 12:30 pm on 22.11.2016, the informant’s son Kishore Chawra cut the neck of his wife Pinki Chawra with a dao in his house, which killed her. The informant also states that he informed the Police about the incident and immediately handed over his son to the Police. Pursuant to the FIR, Mariani P.S. Case No. 224/2016, under Section 302 IPC was registered on 23.11.2016.

On a perusal of the case diary, it is seen that the Police were informe

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