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2023 Supreme(Gau) 801

SUSMITA PHUKAN KHAUND
Jibon Newar, Goalpara, Assam – Appellant
Versus
State Of Assam, rep. by PP, Assam – Respondent


Advocates Appeared:
For the Petitioner: Ms. B. Sarma, Amicus Curiae.

JUDGMENT :

1. Heard Ms. B Sarma, learned Amicus Curiae for the appellant Jibon Newar and Mr. D Das, learned Addl. PP, appearing for the State of Assam.

2. The appellant Jibon Newar (hereinafter referred to as appellant) has preferred an appeal from the District Jail, Goalpara against the judgment and order dated 15.05.2019 passed by the learned Asst. Sessions Judge, Goalpara in connection with Sessions Case No.109/2017 convicting the appellant under Section 307 IPC and sentencing him to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.3,000/-with default stipulation. He was further convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.2,000/-with default stipulation. The sentences are to run concurrently.

3. The genesis of the case was that on 12.04.2017 at about 6.30 pm, an altercation erupted between the appellant and his wife Niru Kumari Newar (hereinafter referred to as the victim), and then the appellant struck a blow with a dao (machete) inflicting cuts on the ear and neck of the victim. Her hand was almost severed off by the blow. The appellant also assaulted his sons and daughters.

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