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2017 Supreme(Cal) 549

NADIRA PATHERYA, SHIVAKANT PRASAD
Swapan Kumar Mazumdar – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Krishna Rao
For the Respondent: N.A. Khan

JUDGMENT :

Shivakant Prasad, J.

The instant appeal is directed against the judgment passed by the learned Sessions Judge, Andaman and Nicobar Islands in Sessions Case No.21 of 2007, Sessions Trial Case No.23 of June 2010 dated 10th February, 2016 whereby the appellant was convicted and sentenced to suffer rigorous imprisonment for life and with fine of Rs.10,000/- for the offence punishable under section 302 of Indian Penal Code and was also punished with rigorous imprisonment for three years with fine of Rs.3000/- for the offence punishable under section 201 of Indian Penal Code.

2. Being aggrieved by the judgment impugned, the accused/appellant, preferred this appeal inter alia, on the ground that the learned judge has failed to appreciate that the case of the prosecution is solely based on circumstantial evidence and failed to prove the chain of circumstances in order to bring home charges under sections 302 and 201 Indian Penal Code.

3. The factual matrix of the prosecution case is that one Nirmal Ojha of village Madhupur-II, Diglipur lodged a written complaint at Diglipur Poli



























































































































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