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2024 Supreme(Gau) 883

MANISH CHOUDHURY, ROBIN PHUKAN
Arun Tanti, S/o. Late Bidya Tanti – Appellant
Versus
State of Assam, Represented by P. P. , Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. B. Prasad, Amicus Curiae.
For the Respondent: Ms. B. Bhuyan, Sr. Counsel and Addl. Public Prosecutor, Assam, Ms. R. Das.

JUDGMENT :

R. Phukan, J.

Heard Mr. B. Prasad, learned Amicus Curiae for the accused/appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor, assisted by Ms. R. Das, learned Counsel for the respondent, State of Assam.

2. This appeal is preferred by the accused/appellant, namely, Shri Arun Tanti, from the District Jail, North Lakhimpur, challenging the correctness or otherwise of the judgment, dated 12.03.2020, and order of sentence, dated 16.03.2020, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 62(NL)/ 2017.

3. It is to be noted here that vide impugned judgment dated 12.03.2020, the learned Sessions Judge, Lakhimpur, North Lakhimpur had convicted the appellant under Section 302 IPC and vide impugned order dated 16.03.2020, sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/-, and in default of payment of fine, to suffer rigorous imprisonment for another two months.

4. The background facts, leading to filing of the present appeal, are briefly stated as under:-

    “The accused/appellant, namely, Shri Arun Tanti is an inhabitant of No. 2 Balijan Gaon, under North Lakhimpur P.S. in the district of Lakhim

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