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2021 Supreme(Gau) 534

SUMAN SHYAM, ARUN DEV CHOUDHURY
Montu Bhumij, S/o Lt Mohan Bhumij – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS. J. PAUL

JUDGMENT :

Suman Shyam, J

Heard Ms. J. Paul, learned counsel appearing for the sole appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent No.2.

2. By the impugned judgment and order dated 11.04.2019 passed by the learned Sessions Judge, Karbi Anglong, Diphu, Assam in connection with Sessions Case No.40/2018 the sole appellant Sri Montu Bhumij was convicted under Section 302 of the Indian Penal Code for committing the murder of his uncle Babulal Nagbangshi and sentenced to undergo rigorous imprisonment for life and also to pay fine ofRs.5000/- and in default, to suffer simple imprisonment for another six months. By filing the instant appeal the appellant has assailed the judgment and order dated 11.04.2019 passed by the learned Sessions Judge, Karbi Anglong.

3. The prosecution case, in a nutshell, is to the effect that on 04.03.2018 at about 7.30 p.m. the appellant/accused had picked up a quarrel with his maternal uncle Babulal Nagbangshi. Unable to control himself, the appellant had hacked his uncle Babulal Nagbangshi with a “mit-dao” leading to his death.

4. On 04

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