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2021 Supreme(Gau) 432

N.KOTISWAR SINGH, SOUMITRA SAIKIA
Tankeswar Gayari – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : A.K. Gupta, Amicus Curiae
For the Respondents:M. Phukan, Advocate

JUDGMENT :

N. Kotiswar Singh, J.

1. Heard Mr. A.K. Gupta, learned counsel for the appellant, Amicus Curiae as well as Mr. M. Phukan, learned Additional Public Prosecutor for the State of Assam.

2. The present appeal has been preferred against the Judgment and Order dated 30.06.2018 passed by the learned Sessions Judge, Dima Hasao, Haflong, in Sessions Case No. 25/2011 convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and a fine of Rs. 1,000/- (Rupees One Thousand Only) and in default of payment of fine to undergo simple imprisonment for another 3(three) months.

3. The appellant had been convicted on the charge of killing the son of the informant on 18.08.2011. The deceased was a Truck driver who had gone to a sand quarry at Panimur in Dima Hasao District for loading sand where he was hacked to death by the appellant with a dao.

4. On an ejhahar being filed on 18.08.2011, an investigation was conducted and as many as 11 (eleven) witnesses were examined including the expert witnesses. The weapon of crime was also seized from

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