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2020 Supreme(Gau) 322

M.R.PATHAK, MANISH CHOUDHURY
Karuna Deka S/o Late Jitram Deka – Appellant
Versus
State of Assam, Through the Public Prosecutor, Gauhati High Court – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. G K Thakuria
For the Respondent: Mr. R Sharma

JUDGMENT :

Manish Choudhury, J.

The instant appeal under section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. in short) is preferred by the accused-appellant Shri Karuna Deka against the judgment and order dated 02.07.2014 passed by the learned Additional Sessions Judge No.1, Kamrup (Metro), Guwahati in Sessions Case No. 226(K)/2012, arising out of G.R. Case No. 1794/1999, corresponding to Latasil Police Station Case No. 43/1999, whereby he has been convicted under section 364A of the Indian Penal Code (IPC, in short) and sentenced to undergo Rigorous Imprisonment for Life and to pay a fine of Rs. 1,000/-(Rupees one thousand) only, in default, to undergo Simple Imprisonment for 1 (one) month.

2. A narration of the prosecution case, in brief, is necessary before proceeding further. It was on 04.04.1999, one Plaban Das, son of Shri Narayan Das, resident of G.N.B. Road, Ambari, Guwahati lodged a First Information Report (FIR, in short) before the Officer In-Charge of Latasil Police Station, Guwahati stating, inter alia, that on 04.04.1999 at about 7-30 a.m., his servant, Karuna Kanta Deka i.e. accused-appellant had taken his son, Master Sona, aged about 2½ years, to the road n

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