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2025 Supreme(Gau) 2117

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, N. UNNI KRISHNAN NAIR
Suleman Barbhaiya – Appellant
Versus
State of Assam Rep. By Pp – Respondent


Advocates Appeared:
For the Appellant : Mr. L.R. Mazumdar, Amicus Curiae
For the Respondents: Mr. R.R. Kaushik, APP

JUDGMENT :

M. Zothankhuma, J.

1. Heard Mr. L.R. Mazumdar, learned Amicus Curiae, appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the State respondent. 2. This appeal has been filed against the impugned judgement dated 10/06/2022 passed by the Court of Learned Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 140(NL)/2019, by which the appellant has been convicted under section 302 IPC for killing his wife. The sentence order dated 13/06/2022, by which the appellant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 1,000/-, in default, rigorous imprisonment for one month, has also been put to challenge.

3. The facts of the case, in brief, is that an FIR dated 08/05/2019 was submitted by the Prosecution Witness-3 (PW-3), who is the mother of the appellant, to the effect that her son (appellant) had always been creating disturbance by assaulting her and her daughter-in-law (deceased) for about one month, under the influence of Alcohol and Ganja. On 08/05/2019, at around 10 a.m., the appellant confined his wife (daughter-in-law) in the house and assaulted her with a wooden batten, causin

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