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HIGH COURT OF GAUHATI
MR. MIR ALFAZ ALI, J
LAKHI KT. BORDOLOI and ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. court hears arguments from both sides. (Para 1 , 2) |
| 2. overview of trial and charges against appellants. (Para 3 , 4) |
| 3. contention regarding evidence and charges. (Para 5 , 6) |
| 4. witness testimonies and medical evidence reviewed. (Para 7 , 8 , 9 , 10) |
| 5. assessment of wrongful restraint elements. (Para 12 , 14) |
| 6. evaluation of grievous hurt requirements. (Para 16 , 17) |
| 7. modification of sentence based on custodial period. (Para 19 , 20) |
ORDER
Date : 23-06-2020 Heard Mr. N.N. Upadhaya, learned counsel for the appellants and Mr. D. Das, learned Additional Public Prosecutor for the State.
2. This appeal is directed against the judgment and order passed by the learned Sessions Judge, Morigaon in Sessions Case No. 52/2011. By the said judgment, the appellants were convicted u/s 341/324/326 IPC and sentenced to simple imprisonment for one year u/s 324 , simple imprisonment for two months u/s 326 and simple imprisonment for one year u/s 341 . The appellants were further sentenced to pay fine of Rs. 500/- each u/s 326 with default stipulation.
3. Prosecution case in a nutshell was that on 14/05/2011 the appellants wrongfully restrained Boloram Bordoloi and ass
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