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P.G.AGARWAL, I.A.ANSARI
Kamal Bora – Appellant
Versus
State of Assam – Respondent


Advocates:
Counsel for the parties:
For the Appellant: Mr. B. J. Talukdar, Amicus Curiae.
For the Respondent: Mr. P. Bora, PP.

JUDGMENT AND ORDER

I.A. Ansari, J. - The judgment and order under challenge was passed, on 12.1.1998, by the learned Sessions Judge, North Lakhimpur, in Sessions Case No. 18(NL) of 1995, convicting the accused-appellant under section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs, 1,000 and, in default, to suffer rigorous imprisonment for a further period of one month.

2. In a nutshell, prosecution's case, as unfolded at the trial runs as follows:

One Sri Akon Bora of village Rajkhowa gaon lodged a written FIR. on 25.9.1994 at 1 AM, at Panigaon police outpost, which falls under North Lakhimpur police station, stating to the effect that on the previous day at about 12 0' clock at night, while his cider brother; Nabin Chutia, was keeping watch on his'Muga' plantation at his farm house, he was killed by some miscreants by giving blows with 'dao' and that at the time of occurrence, Nabin Chutia's ploughman too was sleeping in Nabin Chutia's company. Based on the FIR police registered a case, started investigation and arrested the accused appellant, namely, Kamal Bora. During his interrogation, the accused allegedly made a statement before the investi

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