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2024 Supreme(Gau) 823

KAUSHIK GOSWAMI
ACHINTA DEKA S/O LATE GAURI DEKA – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.N.B. CHOUDHURY.

JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Mr. NNB Choudhury, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. Public Prosecutor for the State respondent and Mr. R. Boruah, learned counsel appearing for the informant.

2. This is an appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (Cr.PC) for setting aside the Judgment dated 26.07.2023 and the subsequent Order dated 27.07.2023 passed by the learned Addl. Session Judge (FTC) Barpeta in Sessions Case No. 184/2021 (Arising out of GR Case No. 3519/2020) and Sarthebari PS Case No. 279/2020 convicting the appellant under Sections 306/304B of Indian Penal Code (IPC) and sentencing him to undergo Rigorous Imprisonment for 10 years under Section 304B of the IPC and to undergo RI for 10 years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand) only, in default, of payment of fine to undergo SI for another period of 6 months under Section 306 of IPC.

3. The case of the prosecution is that on 06.08.2020, the Police received information that the deceased is found hanging in the house of the accused and accordingly registered Unnatural Death Case (UD Case) vide No. 23/2020 and visited the place of occurrence

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