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2023 Supreme(Gau) 929

NANI TAGIA, MITALI THAKURIA
Suresh Majhi S/o Shri Mohan Majhi – Appellant
Versus
State Of AP – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Hage Lampu, Amicus Curiae
For the Respondent: L. Hage, Addl. P P of AP

JUDGMENT :

M. Thakuria, J.

Heard Mr. H. Lampu, learned Amicus Curiae for the appellant. Also heard Ms. L. Hage, learned Additional Public Prosecutor, Arunachal Pradesh, appearing on behalf of the State respondent.

2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, has been preferred against the judgment of conviction and sentence dated 22.12.2021, passed by the learned Session Judge, East Sessions Division, Tezu, Arunachal Pradesh, in Session Case No. 07/(NMS)/2017, under Section 302 of the Indian Penal Code.

3. The brief facts of this case is that on 20.09.2016, one Shri Barna Kaharia lodged an F.I.R. against an unknown person with an allegation that his younger sister, Estila Kaharia, aged about 14 years, gone to the paddy field to harvest after her school on 19.09.2016. But she did not return home and thereafter it was informed that dead body of his sister was found with multiple cut injuries on her throat and forehead and was lying inside the toko paat garden, which is about 20 mtrs away from the house of the informant. Accordingly, a case has been registered under Mahadevpur Police Station, being Mahadevpur P.S. Case No. 25/2016, under Section 302 o

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