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1981 Supreme(Gau) 58

K.LAHIRI, S.M.ALI
RAMLAL LOHAR – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

Lahiri, J. :- The appellant is an indigent for which he has received "free legal aid" during his trial as well as in the appeal before us. The appellant is a peasant. He has been convicted u/s. 302, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 100 in default to undergo R.I. for one month more.

2. The prosecution story in short runs thus :

3. On 26-1-75 Bipin Bhumiz went out fishing, never to return. On the following morning he was found dead in a field with four punctured injuries. The first information report was lodged on 27-1-75 at 6-30 p.m. The form of the F.I.R. does not show that it was received at any place other than the police station. However, there is a note below the F.I.R. that the ejahar was received at the place of occurrence. The prosecution case is that the accused, for reasons unknown and unexplained, went to P.W. 5 Dhonu Murari in the evening of the date of occurrence and voluntarily made a statement that he had killed "an old man". It is alleged, the accused made another "extra-judicial confession" before the police officer at the police out-post on the 27th morning, where the accused while surrendering stated that he had killed











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