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2013 Supreme(Gau) 516

TINLIANTHANG VAIPHEI, M.R.PATHAK
Dilip Nath – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. K.K. Bhatta, Amicus Curiae
For Respondents/Defendant: Ms. S. Jahan, Addl. P.P.

JUDGMENT

Tinlianthang Vaiphei, J.

1. This criminal appeal is directed against the judgment dated 27.11.2009 passed by the learned Additional Sessions Judge (Fast Track Court) Cachar, Silchar in Sessions Case No. 11 of 2008 convicting the appellant under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of Rs. 5,000/- and, in default thereof, to suffer another rigorous imprisonment for 6 (six) months. The facts giving rise to this appeal, as projected by the prosecution, are that on 25.9.2003, at about 10.35 P.M., the In-Charge Malugram T.O.P. received an information from one Bikash Das, a member of Zila Parishad of Dudhpatil area over telephone that on that day, the appellant had killed his wife with a sharp weapon and thrown the dead body in the midst of the paddy field and prayed for action. On the basis of this information, the In-Charge, Malugram T.O.P. made G.D. Entry 495 dated 25-9-2003 and after consulting with the Officer-in-Charge, Silchar Police Station, proceeded towards Chotodudhpatil, Rangalal Tilla i.e. the place of the occurrence. On 26.9.2003 i.e. the next day, Probhat Deb Nath (PW-3) lodged a formal complaint with the Malugram T.O.P. (Silcha

































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