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2021 Supreme(Gau) 259

N.KOTISWAR SINGH, SOUMITRA SAIKIA
Arjun Payok – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
A. Ahmed, Advocate, B. Bhuyan, Advocate

JUDGMENT

Soumitra Saikia, J. - This criminal appeal under Section 374 of Cr. P.C is preferred by the accused/appellant-Sri Arjun Payok (in jail), being aggrieved by the Judgment dated 20.06.2017 convicting the appellant to undergo Rigorous Imprisonment for Life under Section 302 of Indian Penal Code for causing culpable homicide amounting to murder of the deceased.

2. The prosecution case is that an FIR dated 05.06.2007 lodged before the Jakhalabandha Police Station by the informant- Budhuwa Munda to the effect that on 05.06.2007 at about 8.30 a.m taking advantage of his absence from his house, Sri Arjun Payok, son of-Late Phul Singh Payok of village-Bamunigaon, Police StationJakhalabandha scolded his wife (informant's wife-Atuwari Munda) from the road. When the wife of the informant came out of the house, the accused dealt 'dao' blows on her head causing instantaneous death. It was stated in the FIR that the neighbours, Smti. Bilashi Mahato, wife of Gunakanta Mahato and Smti. Deepa Mahato had witnessed the incident. The said neighbours had brought the wife of the informant inside the house. The informant stated that he received the information regarding the occurrence about half an

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