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2023 Supreme(Gau) 1317

MALASRI NAND
Ngapi Tayu – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A. Bhattacharya, S. Mow.
For the Respondents: T. Jini, H. Lampu.

JUDGMENT :

MALASRI NAND, J.

1. Heard Mr. A. Bhattacharya, learned counsel for the accused-appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State/respondent No. 1 and Mr. H. Lampu, learned counsel for the informant.

2. This appeal is directed against the judgment and order dated 16.02.2017 passed by the learned Sessions Judge, Teju in Sessions Case No. 10/L/2010, whereby the accused/appellants were convicted under section 352/34 IPC and sentenced to undergo simple imprisonment for two months each with fine of Rs. 500/- each in default of payment of fine shall suffer simple imprisonment for 15 days each. Both the accused appellants were also convicted under section 448/34 IPC and sentenced to undergo simple imprisonment for a period of five months each with a fine of Rs. 1000/- each in default, one month simple imprisonment. Both the sentences were directed to run concurrently.

3. The brief facts of the case is that on 27.01.2010, an FIR was lodged by one Robin Nani, Executive Engineer, PWD, Arunachal Pradesh, before the officer-in-charge Anini police station stating inter alia that on that day at around 06:45 p.m. when he returned back home from office and

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