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2023 Supreme(Gau) 750

MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Rejina Karmakar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Tewari.
For the Respondent: B. Bhuyan.

JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. A. Tewari, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, appearing for the State of Assam.

2. This appeal has been preferred against the judgment dated 08.07.2020, passed by the court of the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 184/2018, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for another three months.

3. The prosecution case in brief is that an FIR dated 09.08.2018 was submitted by Prosecution Witness No. 2, (in short PW-2) before the Officer-In-Charge, Moran Police Station, Dibrugarh stating that at around 1:00pm, on 09.08.2018, he saw his uncle, namely, Haradhan Karmakar lying dead in his house. That his uncle had been living with the appellant, who was his live-in partner, as no marriage had been solemnised between them. The FIR also states that PW2 came to know that his uncle and the appellant used to quarrel with each other often and that on the night of 08.08.2018, a quarrel took place between them, wh

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