Satish Suryavanshi & Ors. VS. State Of M.P.& Anr.

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Satish Suryavanshi & Ors. VS. State Of M.P.& Anr.

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 174 OF 2001 Asraf Ali Versus State of Assam .....

Respondent JUDGMENT Dr. ARIJIT PASAYAT, J.

1. In this appeal challenge is to the judgment of a learned Single Judge of the Guwahati High Court partially allowing the appeal filed by the appellant. Learned District and Sessions Judge, Kamrup in Sessions Case No.15/K-G/88 convicted the appellant for offence punishable under Section 304 Part I of the Indian Penal Code, 1860 (in short the `IPC') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.200/- with default stipulation.

2. By the impugned judgment, learned Single Judge altered the conviction to Section 304 Part II IPC and sentenced the appellant to undergo RI for 5 years.

3. Background facts in a nutshell are as follows: On 14.9.1986 at about 8.00 p.m. an FIR was lodged by one Abbash Ali (PW-1) before the Officer-in-Charge, Bharalumukh Police Station mentio...

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