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2023 Supreme(Gau) 1327

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Musst Anjuma Bibi, W/o. Late. Sanowar Ali – Appellant
Versus
State Of Assam, Represented By PP, Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. I.H. Laskar.
For the Respondent: Mr. D. Das.

JUDGMENT :

(Malsari Nandi, J.)

Heard Mr. I.H. Laskar, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State and Mr. P. Rahman, learned counsel appearing for the respondent Nos.2/3.

2. This appeal has been preferred by the informant in Sessions Case No. 313/2014 under Section 372 r/w Section 378 of Cr.P.C., against the judgment and order dated 23.05.2018 passed by the learned Additional Sessions Judge, Bilasipara, whereby learned Additional Sessions Judge, had acquitted the respondents Nos. 2 and 3 from the charge of the offence under Section 341/326/307/302/34 IPC.

3. The factual matrix leading to the case of the informant is that she lodged an FIR before the officer-in-charge Chapar Police Station on 07.02.2012, stating inter alia that on 06.02.2012 at about 10:30 p.m., when her husband Sanowar Ali was returning from his own brick kiln on his motorcycle bearing No. As-17-8741, a gang of miscreants intercepted him on his way and assaulted him with sharp weapons, as a result of which, he died on the spot. It is also stated in the FIR that when there was hue and cry raised by her husband at the time of the incident, co-villager Sa

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