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2023 Supreme(Gau) 311

M. R. PATHAK, SONGKHUPCHUNG SERTO
Ratul Nath – Appellant
Versus
State Of Assam – Respondent


JUDGMENT :

M.R. Pathak, J.

Heard Mr. Debarshi Kumar Bhattacharya, learned Amicus Curiae for the accused appellant and Mr. Hrishikesh Sharma, learned Additional Public Prosecutor, appearing for the State.

2. This criminal appeal is against the judgment and order of conviction and sentence dated 14.12.2015 passed by learned Additional Sessions Judge, Nagaon, in Sessions (T-1) Case No. 552(N)/2013, arising out of Raha Police Station Case No. 194/2013, corresponding to G.R. Case No. 3222/2013, filed by the accused appellant Ratul Nath from jail whereby he has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/-, in default of payment of fine to undergo a further term of simple imprisonment for 1 year.

3. The appellant is presently in jail in terms of the said impugned judgment and order of conviction and sentence dated 14.12.2015.

4. Brief facts of the case is that on 12.09.2013 in the evening at around 06:00 pm, one Pradip Kumar Nath (PW.6) informed Raha Police Station over phone that his nephew Krishna Nath, aged about 14 years, was found dead in the jungle at Borghat village under the jurisdiction of Nagaon Police Station

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