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2024 Supreme(Gau) 668

MANISH CHOUDHURY, ROBIN PHUKAN
Abhijit Paul, S/o. Lt. Anil Ch. Paul – Appellant
Versus
State Of Assam, Rep. By PP, Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. M. Dutta, Amicus Curiae.
For the Respondent: Ms. B. Bhuyan, Sr. Adv. & Addl. Public Prosecutor, Ms. M. Chakraborty.

JUDGMENT :

(Manish Choudhury, J.)

The instant appeal from jail is directed against a Judgment dated 16.03.2018 and an Order of Sentence dated 19.03.2018 passed by the Court of learned Additional District & Sessions Judge, FTC, Hojai at Sankardev Nagar [‘the trial court’, for short] in Sessions Case no. 25[N]/2016. By the said Judgment dated 16.03.2018, the accused-appellant has been found guilty of both the charges framed for the offences under Section 302 of the Indian Penal Code [‘IPC’, for short] and Section 304B[2], IPC. Thereafter, by the Order of Sentence dated 19.03.2018, the accused-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo simple imprisonment for further 4 [four] months for the offence under Section 302, IPC. For the offence under Section 304B[2], IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 10 [ten] years. Both the sentences are ordered to run concurrently.

2. The case of the prosecution, in brief, was that the investigation was set into motion on receipt of a First Information Report [‘FIR’, for short] from one Smti. Sathi Nag befo

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