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2013 Supreme(Gau) 204

I.A.ANSARI, P.K.MUSAHARY
Munu Mura – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. P.N. Choudhury, Amicus Curiae
For Respondents/Defendant: Mr. K.A. Mazumdar, Addl. Public Prosecutor

JUDGMENT

I.A. Ansari, J.

1. This appeal is directed against the judgment and order, dated 06-09-2007, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 142 of 2002, convicting the accused-appellant, namely, Munu Mura, under Sections 302 and 201 read with Section 34 IPC and sentencing him to undergo, for his conviction under Section 302 read with Section 34 IPC, imprisonment for life and pay a fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of two months and to further undergo, for his conviction under Section 201 read with Section 34 IPC, rigorous imprisonment for two years, both the sentences having been directed to run concurrently. The case of the prosecution, as surfaced at the trial, may, in brief, be described as under:

Suresh Gogoi, an employee of St. Luck's Hospital, disappeared on 26-08-2000. He used to be in the business of money lending and it was not uncommon for him to remain away from his house in connection with his business. A few days after Suresh Gogoi had ceased to be seen, his brothers, Nakul Gogoi (PW1) and Nitul Gogoi (PW2), started looking for Suresh Gogoi. Their search, for their brother, Sur

















































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