NRIPEN RABHA AND 6 OR Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-11-94
HIGH COURT OF GAUHATI
Decided on November 28,2018

Nripen Rabha And 6 Or Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) We have heard learned counsel, Mr. H.J. Tamuli led by learned senior counsel Mr. D. Das and Mr. A.K. Sharma for the appellants and learned Addl. Public Prosecutor, Ms. S. Jahan, who have also taken us through the evidence and materials brought on record.
(2.) This appeal is directed against the judgment and order dated 22-05-2015, passed by learned Sessions Judge, Goalpara, in Sessions Case No.34/2013. By the said judgment, learned Sessions Judge convicted the appellants under Sections 147/341/323/302 read with Section 149 IPC and sentenced them to undergo simple imprisonment for one year u/s 147 IPC, for three months u/s 341 IPC, for six months u/s 323 IPC and imprisonment for life u/s 302 IPC read with Section 149 IPC and fine of Rs. 5,000/- each with default stipulation.
(3.) As per prosecution case, on 29-10--2012, at about 11.30, at night, when Santanu Rava (PW 5) and the deceased Sarip Rava were returning home from Besarkona, all the accused persons named in the FIR, restrained them at Batapara tiniali and mounted assaulted on them by deadly weapons, as a result of which, both Santanu Rava (PW 5) and Sarip Rava sustained severe injuries. Both the injured were shifted to hospital. Later on, Sarip Rava succumbed to the injuries.;


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