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2013 Supreme(Gau) 321

B.D.AGARWAL, P.K.SAIKIA
Kanuwar Gorh @ Bhutia – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. K.K. Bhatta, Amicus Curiae
For Respondents/Defendant: Ms. B. Bhuyan, Addl. PP

JUDGMENT

P.K. Saikia, J.

1. This appeal is directed against the judgment dated 27.6.2008 passed by the Additional Sessions Judge, Dibrugarh in Session Case No. 55/08 convicting the accused/appellant offence under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default RI for another six months for the offence aforesaid. Being aggrieved by the aforesaid judgment, this present appeal has been filed alleging several infirmities in the judgment impugned.

2. Brief facts, as stated during trial and which are necessary for disposal of present appeal, are that one Shri Lakhiram Gorh (PW1) lodged an FIR with O/C, Lahoal Police Station on 21.02.08 alleging that at about 2.30 pm same day, the accused Kanuwar Gorh @ Bhutia killed his father-in-law Ramnath Gorh in his own house by inflicting 'dao' blows on his body.

3. On the receipt of the FIR (Ext. 5), above, police registered a case under Section 302 IPC, started investigating the same and during the course of investigation held inquest on the dead body, sent it to hospital for postmortem examination and on conclusion of the investigation, he submitted charge-sheet under Section 302 IPC agai
















































































































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