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2023 Supreme(Gau) 183

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Chandan Dey @ Kiran, S/o. Late Rabi Dey – Appellant
Versus
State of Assam, Represented by the Public Prosecutor, Assam – Respondent


Advocates Appeared:
For the Appellant : Ms. M. Barman.
For the Respondent: Ms. S. Jahan, APP, Assam.

JUDGMENT :

Malasri Nandi, J.

Heard Ms. M. Barman, learned counsel appearing as Amicus Curiae on behalf of the appellant and Ms. S. Jahan, learned Additional Public Prosecutor appearing on behalf of the State of Assam

2. This appeal has been preferred by the accused appellant against the Judgment and Order dated 14.11.2018, passed by the learned Additional Sessions Judge, Sankardev Nagar, Hojai, in connection with Sessions Case No. 17/2018, whereby the accused appellant was convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for Life and to pay a fine of Rs. 10,000/-in default stipulation.

3. The brief facts of the case is that the informant Smt Sandhya Rani Dey lodged an FIR on 08.07.2017, before the Officer-In-charge, Lumding Police Station, stating inter alia that on the same day, at about 01:00 am (midnight) his son, the accused appellant picked up a quarrel with her husband, i.e., his father over some domestic issues and subsequently, assaulted him and killed him by strangulation.

4. On receipt of the complaint, a case was registered vide Lumding PS Ca

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