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2024 Supreme(Gau) 779

SUMAN SHYAM, ARUN DEV CHOUDHURY
Mahesh Munda – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. B BHAGAWATI, AMICUS CURIAE
For the Respondent: Ms. B. Bhuyan, Sr. Adv. & APP, Assam. Ms. N. Chakraborty, Adv.

JUDGMENT :

Suman Shyam, J

1. Heard Mr. B. Bhagawati, learned Amicus Curiae, appearing for the appellant. We have also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, assisted by Ms. N. Chakraborty, learned counsel, appearing for the State.

2. The present appeal has been preferred by the sole appellant assailing the judgement and order dated 07/05/2018 passed by the learned Sessions Judge, Sivasagar in Sessions case No. 33(S-S)/2015, convicting him under sections 302/326 of the Indian Penal Code (IPC) for committing the murder of deceased Smt. Shanti Munda i.e. the mother of the accused and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs. 1000/-for committing the offence punishable under section 302 of the IPC; the accused/appellant was also sentenced to undergo rigorous imprisonment for 5 (five) years and to pay fine of Rs. 1000/-for committing the offence punishable under section 326 of the IPC.

3. The prosecution case, in a nutshell, is that on 09/07/2014, an ejahar was lodged with the Officer-in-Charge of Demow Police Station reporting that the appellant Mahesh Munda, under the influence of alcohol, engaged himself in a quarrel with th

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