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2023 Supreme(Gau) 800

MALASRI NANDI
Sreeprasad Hazam – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Tewari (Amicus Curiae).
For the Respondent: Mr. P. Borthakur.

JUDGMENT :

1. Heard Mr. A. Tewari, learned Amicus Curiae. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State/respondent.

2. This appeal has been preferred by the appellant challenging the judgment and order dated 31.07.2017 passed by the learned Asstt. Sessions Judge, Cachar, Silchar in Sessions Case No. 57/2015, whereby the accused/appellant was convicted under Sections 307/326 IPC and sentenced him to undergo rigorous imprisonment for 7(seven) years and also to pay a fine of Rs.1,00,000/-for the offence under Section 307 IPC, in default of payment of fine, he has to suffer another period of one year. Further, the appellant was also sentenced to suffer rigorous imprisonment for 7(seven) years and also to pay fine of Rs.1,00,000/-for the offence under Section 326 IPC, in default to payment of fine, he has to suffer simple imprisonment for another period of one year. Both the sentences were directed to run concurrently.

3. The prosecution case in brief is that the informant who is the wife of the injured, lodged an FIR on 29.09.2013 before the Officer-in-Charge, Udharbond Police Station stating interalia that on 28.09.2013 at around 9 p.m. while her husb

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