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2020 Supreme(Gau) 26

SUMAN SHYAM, HITESH KUMAR SARMA
Jiarul Haque – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A. Ahmed, Advocate
For the Respondents: M. Phukan, Additional Public Prosecutor

JUDGMENT :

Hitesh Kumar Sarma, J.

1. This appeal is directed against the judgment and order, dated 10.10.2018, passed by the learned Additional Sessions Judge, Bilasipara, in Sessions Case No. 170/2014, convicting the accused-appellant and sentencing him to imprisonment for life and a fine of Rs. 20,000/- and in default of payment of fine, further rigorous imprisonment for 1 (one) year for the offence punishable under Section 302 IPC and to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 5,000/- and in default of payment of fine, rigorous imprisonment for 2 (two) months for offence punishable under Section 201 IPC.

2. The fact of the prosecution case is that, on 04.08.2011, the deceased Nur Islam, son of the informant Abdul Mannan (PW 1) went missing. At about 8:00 pm on that day, deceased Nur Islam was called and taken out of his house by accused Jiarul in conspiracy with other co-accused named in the FIR. Thereafter, the dead body of the deceased Nur Islam was recovered on 01.09.2011 from a jungle at Kadamtala. On 02.09.2011, the informant lodged the FIR in respect of the occurrence.

3. On receipt of the FIR, the Bilasipara Police Station registered a case, being B

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