LAWS(GAU)-2023-11-14

NEPALI BORUAH Vs. STATE OF ASSAM

Decided On November 16, 2023
Nepali Boruah Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. H.P. Gupta, assisted by Mr. R. Dhar, learned counsel. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam, representing the State respondent.

(2.) This appeal is preferred by appellant, namely, Shri Nepali Baruah from District Jail, Dhemaji, challenging the correctness or otherwise of the judgment and order, dtd. 4/9/2019, passed in Sessions Case No.106(DH)/2015, arising out of Gogamukh P.S. Case No.52/2015, under Sec. 324/326/307 IPC, by the learned Sessions Judge, Dhemaji. It is to be noted here that vide the impugned judgment and order, the learned Court below has convicted the appellant, under Sec. 324/326/307 IPC, and sentenced him to suffer rigorous imprisonment (R.I.) for 6 years and also to pay a fine of Rs.1,000.00, with default stipulation, under Sec. 307 IPC and also sentenced him to suffer R.I. for 6 years and also to pay a fine of Rs.1,000.00, with default stipulation under Sec. 324 IPC, also sentenced him to suffer R.I. for 6 years and also to pay a fine of Rs.1,000.00, with default stipulation under Sec. 326 IPC, and further directed that the substantive sentence shall run concurrently.

(3.) The background facts, leading to filing of the present appeal, are adumbrated herein below:-