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2013 Supreme(Gau) 95

I.A.ANSARI, P.K.MUSAHARY
Bheduki Buragohain – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. D. Chakraborty, Amicus Curiae
For Respondents/Defendant: Mr. R. Sarma, Mr. P.S. Deka, Addl. Sr. GA and Mr. D. Das, Addl. PP

JUDGMENT

P.K. Musahary, J.

There's none can comfort mother,

Now that her boy is dead.

...........

1. Lord Denning quoted in his work "The Family Story" from 'Pathetic Song' to describe the deep sorrow of a mother, whose son died a martyr in the war field at the age of 23. Here is a case unlike the one, which Lord Denning refers to. The petitioner, as a mother has lost her young son in jail custody. No matter, his was not a martyr's death, yet all mothers carry sorrow alike on the death of their sons. None can, probably, comfort this UTP's mother too. This grief stricken 65 years old widow, rustic, illiterate and poor mother is before us to bring to our notice thus: There was an FIR lodged by one Smt. Konmai Buragohain on 22.5.2010 with the Officer-In-Charge, Sadiya Police Station, alleging that on 20.5.2010, petitioner's deceased son Mandil Buragohain @ Borgohain forcefully kidnapped her minor daughter, aged about 14 years, Miss Boby Buragohain. The police registered a case, being Sadiya P.S. Case No. 31 of 2010, under Section 366A IPC against the petitioner's son. The police arrested and produced him before the court of SDJM, Sadiya on 23.5.2010. The IO of the case made a prayer to rem




































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