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2023 Supreme(Gau) 798

SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Raju Kumar Deka @ Raju Kumar Bora, S/o. Late Lalitdeka – Appellant
Versus
State of Assam, rep. by PP. Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.C. Keyal.

JUDGMENT :

(S.P. Khaund, J.)

1. This appeal is preferred seeking defeasance of the judgment and order dated 22.09.2017 and 25.09.2017 passed by the learned Sessions Judge, Karbi Anglong in connection with Sessions Case No. 27/1994 corresponding to G.R. Case No. 555/1993 arising out of Diphu P.S. Case No. 204/1993 u/s 302/201/34 of the Indian Penal Code (IPC for short). The appellant was convicted u/s 302 IPC and sentenced to Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/-with default stipulation and u/s 201 IPC and sentenced to undergo Imprisonment for 1 year. The sentences are to run concurrently.

2. The FIR unfolds that upon investigation of the place of occurrence (PO in short) and examination of witnesses and in connection with G.D. Entry No. 20 dated 02.08.1993 made at Borlangfar PP., Sri N.C. Kakoti (hereinafter referred as the informant) learnt that on 02.08.1993 at about 1 AM midnight, Smt. Tukheswari Bora, with the help of Sri Raju Kumar Borah (hereinafter referred as the appellant) hacked Harikanta Borah (hereinafter referred to as the deceased) to death with a ‘dao’ in his own government quarter No. 41(C). The face of the deceased was then covered with his

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