BAPON KAR v. THE STATE OF ASSAM AND ANR
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA,HONOURABLE MR. JUSTICE MIR ALFAZ ALI
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-11-23. BAPON KAR v. THE STATE OF ASSAM AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010229292019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Crl. )/893/2019 in Crl. A. /405/2019 BAPON KAR Address:S/O LATE SWAPAN KAR R/O ROHAGAON P. S. -ROHA DIST-NAGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR Address:REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:ATUL BARUAH Address:S/O LATE PANI RAM BARUAH R/O VILL-GARMARI P. S. -ROHA DIST-NAGAON ASSAM PIN-782103 ------------ Advocate for : MR. A CHAUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR: Advocate , appearing for 2, respectively. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE MIR ALFAZ ALI ORDER Page No. # 2/2 23. 11. 2020 (M. Zothankhuma, J. ) Heard Mr. D. Bora, learned counsel appearing on behalf of Mr. N. Mahajan, learned counsel for the applicant/ appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State.
This is an application for suspending the sentence and releasing the applicant to go on bail. The present case relates to death of the wife of the applicant by way of strangulation. The learned Trial Court vide impugned Judgment dtd: 09. 08. 2019 passed by the learned Sessions Judge, Nagaon in Sessions Case No. 64 (N) / 2014 had convicted the applicant under Section 302 IPC and sentenced the applicant/ appellant to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default to simple imprisonment for six months. On perusal of the evidence which shows that the deceased had transverse ligature mark completely covering the upper part of neck and extending to the back, we are not inclined to suspend the sentence at this stage. Accordingly, this application is rejected. JUDGE JUDGE Comparing Assistant
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