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2025 Supreme(Gau) 867

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT ITANAGAR BENCH
KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Obit Biku S/o Late Tada Biku – Appellant
Versus
State of A.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : L. Perme
For the Respondents: L. Hage, J. Gao

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. L. Perme, the learned counsel for the appellant. Also heard Ms. L. Hage, the learned Additional Public Prosecutor, as well as Mr. J. Gao, the learned counsel for the respondent No. 7.

2. This appeal under Section 374 (1) of the Code of Criminal Procedure, 1973, has been filed by the appellant, Obit Biku, on behalf of the convict, Tayum Biku, who has been convicted by the Court of the learned Sessions Judge, East Siang: Siang: Upper Siang and Lower Siang Districts at Pasighat, in Pasighat Sessions Case No. 286/2013.

3. By the impugned judgment, Shri Tayum Biku, has been convicted under Section 302 /326/447 of the INDIAN PENAL CODE , 1860. Under Section 302 of the INDIAN PENAL CODE , he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- (Rupees Five Thousand) and in default of payment of fine to undergo further imprisonment for 1(one) year. Under Section 326 of the INDIAN PENAL CODE , he has been sentenced to undergo rigorous imprisonment for 6(six) years and to pay a fine of Rs. 3000/- (Rupees Three Thousand) and in default of payment of fine to undergo further simple imprisonment for three months



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