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2022 Supreme(Gau) 621

N. KOTISWAR SINGH, SUSMITA PHUKAN KHAUND
Indira Chetry, W/o Tara Bahadur Chetry – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Appellant :Mr. D. Borah, Mr. P.K. Das, Mr. A. Choudhury, Mr. R. Ali, Advocates.
For the Respondents:Ms. S. Jahan, Mr. P. Sundi, Mr. B. Nath, Mr. M.R. Adhikari, Ms. G. Borah, Advocates.

JUDGMENT :

N. Kotiswar Singh, J.

Heard Mr. D. Borah, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1; Mr. P. Sundi, learned counsel appearing for respondent Nos.2 . 4 and Mr. M.R. Adhikari, learned counsel appearing for respondent Nos.5 and 6.

2. The present appeal has been preferred against the judgment of acquittal dated 18.01.2016 of the present respondent Nos.2, 3, 4, 5 and 6, who were charged of committing offence under Section 302 of IPC. The learned Trial Court had acquitted all the accused on the ground that the prosecution has failed to prove the case against them beyond reasonable doubt.

3. Learned counsel for the appellant, however, submits that there are sufficient circumstantial evidences to show that the accused private respondents were indeed involved in the death of the appellant’s son. However, the said evidences have not been properly appreciated by the learned Trial Court.

4. In order to appreciate the above contention, we refer to the background facts and evidences.

5. The criminal case was launched against the present private respondent Nos.2.6 after an FIR was filed by the pre

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