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2024 Supreme(Gau) 87

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Mustt Monowara Begum W/o Late Badar Uddin – Appellant
Versus
Md. Moinul Haque S/o Late Abdul Latif – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N. Dhar.
For the Respondent: A.S. Tapader.

JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. T.U. Laskar, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 9 and Mr. A.S. Tapader, learned counsel for the respondent Nos. 1 to 8.

2. This appeal has been preferred by the informant against the judgment and order dated 26.11.2018 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 30/2015, whereby the learned trial court had acquitted the respondent Nos. 1 to 8 from the charges framed under Sections 147 /341/302/201 IPC.

3. The brief facts of the case is that the informant, who is the wife of the deceased, Badar Uddin, lodged an FIR on 23.06.2013 before the Officer-in-Charge of Patharkandi Police Station stating, inter alia, that on 22.06.2013 at around 7.30 A.M. someone called her husband on his mobile phone regarding purchase of firewood from his shop. Her husband was dealing with the business of firewood. On that day, at around 8 A.M. her husband left their house without taking food. After a while, she along with her brother-in-law, Fakar Uddin, also came out from their house to visit a Doctor. After going for about half a kilome

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