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2012 Supreme(Online)(Gau) 19

GAUHATI HIGH COURT
A. K. Mishra, J
Kishore Debnath – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Mr. P. K. Biswas, Mr. S. Deb, Mr. Somik Deb
For the Respondents: Mr. A. Ghosh

Table of Content
1. overview of appeals and factual background. (Para 1 , 2 , 6 , 7 , 8)
2. arguments against the conviction based on evidence. (Para 3 , 4)
3. court observations on evidence and legal standards. (Para 5 , 10 , 11 , 12 , 16)
4. ratio decidendi regarding abetment and suicide. (Para 13 , 14 , 15)
5. conclusion on the acquittal of the appellants. (Para 17 , 18)

1. These appeals are tied together for disposing by a common judgment and order on consideration that both the appeals are directed against the judgment of conviction and order of sentence dated 26-2-2005 as passed by the Assistant Sessions Judge, West Tripura, Agartala in ST 61 / (WT / A) of 2003 by convicting and sentencing Kishore Debnath, the appellant No. 3 in Crl. A. No. 14 of 2005, Jatindra Debnath alias Jatan Debnath, the appellant No. 1 in the Crl. A. No. 15 of 2005, Kanailal Debnath, the appellant No. 2 in Crl. A. No. 15 of 2005 to suffer rigorous imprisonment for 8 years and fine of Rs. 5,000/- in default, in the payment of fine, to suffer further RI for 1 year each under S.306 read with S.34 of the Indian Penal Code .

2. By the said judgment and order, Smti. Bhabani Debnath, the appellant No. 1 in Crl. A.






























































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