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2023 Supreme(Gau) 290

M. R. PATHAK, SONGKHUPCHUNG SERTO
Md Idrish Ali @ Ilias Ahmed, S/o Md. Moin Uddin – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.J M SULAIMAN

JUDGMENT :

M.R. Pathak, J.

Heard Mr. HRA Choudhury, learned Senior counsel, assisted by Mr. I A Hazarika, learned counsel for the accused appellant. Also heard Mr. Makhan Phukan, learned Additional Public Prosecutor, Assam for the State.

2. Being aggrieved with the judgment of conviction and sentence dated 25.03.2015, passed by the learned Sessions Judge, Nagaon in Sessions (T-1) Case No. 137(N)/2013, by which he has been convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.10,000/-and in default of payment of fine, further term of Simple Imprisonment for 1 (one) year, the convicted accused, namely, Md. Idrish Ali @ Ilias Ahmed has preferred this appeal.

3. According to the appellant, there was no eye witness to the incident and the learned Trial Court failed to prove the guilt of the appellant beyond all reasonable doubt so as to convict him under Section 302 IPC.

4. It is also contended by the appellant that the facts and circumstances of the case as well as the evidence led by the prosecution does not disclose any offence under Section 302 IPC, that was misread by the Trial Court and hence, the impugned judgment of conviction

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