The accused Manik Chandra Dey has been convicted under Section 302 I.P.C by the learned Deputy Commissioner, North Cachar Hills in Sessions Case No. 2 of 1976 and sentenced him to suffer imprisonment for life. The learned Deputy Commissioner exercised the powers of the Sessions Judge, under the Rules for Administration of Justice in North Cachar Hills District. The learned Deputy Commissioner has made this Reference as required under Rule-14 of the “Rules for the Administration of Justice in North Cachar Hills District” for confir­mation by this Court as to the conviction and sentence passed by him. Earlier a Reference was made to this Court but by the order dated 26.2.80 in Criminal Hill Reference No. 1 of 1977 this Court remanded the Reference to the learned Deputy Commissioner to examine the Magistrate who recorded the confessional statement to prove the confession in accordance with law and to dispose of the case keeping in view the observation made by this Court. The learned Deputy Commissioner, in compliance to the direction of this Court, summoned the Magistrate and recorded his evidence and accepted the confessional statement as recorded by the said Magistrate. Thereafter,

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