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2001 Supreme(Online)(Gau) 2

GAUHATI HIGH COURT
A. S. S. Ghosh, J
Sri Shibjoy Reang – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Mr. A. Ghosh
For the Respondents: Mr. H. Sarkar

Table of Content
1. details of the case and conviction stemming from an encounter. (Para 2 , 4 , 10)
2. discussion on the adequacy of defense and evidence supporting the conviction. (Para 5 , 8 , 9)
3. concerns regarding the integrity of the investigation. (Para 6 , 7)
4. final considerations and judicial reasoning for sentencing and conclusion. (Para 11 , 12 , 13)

1.Heard Mr. A. Ghosh, learned counsel for the appellant as well as Mr. H. Sarkar, learned Addl. PP for the State.

2. This criminal appeal has been preferred against the judgment of conviction and sentence dated 30-6-1997 passed by the learned Addl. Sessions, Judge, South Tripura, Udaipur in case No. ST 35(S.T. / A) / 96 whereby the appellant was convicted under S. 307, IPC and sentenced to suffer RI for 5 years with a fine of Rs. 2,000/-, in default, RI for one year more and also convicted under S. 27 of the Arms Act with a sentence of RI for one year and a fine of Rs. 500/-, in default, RI for 3 months more.

3. The appellant preferred this appeal while in custody on 29-1-2000 seeking condonation of delay which has been condoned and the appeal was admitted on 7-2-2000.

4. The prosecution case is that on 9-10-95 at about 11-45










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