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2023 Supreme(Gau) 865

SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Jiten Gowala – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. Dipak Kr. Dey, Amicus Curiae.
For the Respondent: Mrs. Bornali Bhuiyan.

JUDGMENT :

(Sandeep Mehta, J.)

1. These two Criminal Appeals(J) have been preferred by the appellants herein, namely, Sri Jiten Gowala, and Sri Paresh Tasa, for assailing the judgment and order dated 19.12.2016/ 20.12.2016, passed by the Additional Sessions Judge, Golaghat, in Sessions Case No. 200/2014, whereby the appellants herein were convicted for the offence punishable under Section 302 IPC and were sentenced to rigorous imprisonment for life and fine of Rs. 1,000/-, in default of payment of fine to undergo further simple imprisonment for six months each. They were also convicted for the offence punishable under Section 201 IPC and were sentenced to undergo rigorous imprisonment for two years and fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment three months each. Both the sentences were ordered to run concurrently.

2. The brief facts relevant and essential for disposal of the appeals at hand are noted hereinbelow:

One Bimal Saikia (PW1) lodged a written Ejahar (Ext. 10) to the Officer-in-Charge, Barpathar Police Station, on 21.04.2013 alleging inter alia that on 17.04.2013 his son-in-law Mukul Gogoi (deceased), aged about 30 years, left

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