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2024 Supreme(Gau) 1553

SUSMITA PHUKAN KHAUND
Jadumani Sarkar, S/o Sri Dharmeswar Sarkar – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.U. Mahmud
For the respondent: Mr. R.R. Kaushik Addl. PP., Assam

JUDGMENT :

Heard Mr. M.U. Mahmud, learned counsel for the appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent.

2. Jadumani Sarkar (hereinafter also referred to as the appellant) has filed this appeal challenging the judgment and order dated 06.07.2013 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 74 (BGN)/2012 convicting the appellant under Section 324 of the Indian Penal Code, 1860 (IPC for short) and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs.1000/- (Rupees One Thousand) with default clause and convicting and sentencing him under Section 448 IPC to pay a fine of Rs. 1000/-, with default clause. The period of detention of the appellant was also ordered to be set off with the custodial sentence.

3. Prosecution case in brief is that Sri Pabitra Sarkar (hereinafter also referred to as the informant) lodged an FIR with the police at Bongaigaon Police Station with allegation that his sister-in-law Mamoni Baruah used to stay in his house. On 18.09.2009 at about 8:40 PM, while she was cooking in the kitchen the appellant barged into the kitchen and attacked his sister-in-law fr

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