In this case accused appellant Pradip Chao along with two others, namely Mrs Suwala Chao (wife of Pradip Chao) and Bimal Nag were prosecuted in Sessions Case No. 42 (SC) of 1990 under section 302/201/34 IPC before the Sessions Judge, Sibsagar. The learned Sessions Judge acquitted accused Suwala Chao and Bimal Nag and convicted the present accused appellant -under section 304 Part I, IPC and sentenced to imprisonment for five years and pay a fine of Rs.500, in default further imprisonment for two months. The accused appellant was also convicted under section 201 IPC and sentenced to imprisonment for three years and pay a fine of Rs. 500, in default further imprisonment for two months. Both the sentences were to run concurrently. Hence the present appeal.

2. The prosecution allegation is that on the date of occurrence the accused appellant forcibly took away Algu Bhuyan and assaulted him and thereafter Algu Bhuyan was found missing. Police was informed and after three days the dead body of Algu Bhuyan was found floating in the Teok river. It was recovered by police and after holding post mortem over the dead body and on conclusion of the investigation, charge sheet was submitted again

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