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2024 Supreme(Gau) 832

MANISH CHOUDHURY, ROBIN PHUKAN
Monglu Choutal – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Sarma, N.K. Baruah.
For the Respondent: S.H. Bora.

JUDGMENT :

MANISH CHOUDHURY, J.

1. Both these criminal appeals from Jail are directed against a Judgment and Order dated 30.05.2019 passed by the Court of learned Sessions Judge, Dibrugarh in Sessions Case no. 147 of 2016. By the Judgment and Order dated 30.05.2019, both the accused-appellants who faced the trial, have been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] in aid of Section 34, IPC. Both the accused-appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-each, in default of payment of fine, to undergo rigorous imprisonment for another one month. It has been directed to pay compensation to the victim son of the deceased under the Assam Victim Compensation Scheme, 2012.

2. The instant case is regarding the death of one Bina Chawra. The investigation of the case was initiated on the basis of a First Information Report [FIR] [Ext.-2] lodged by the son of the deceased, Dipak Chawra [P.W.6] as the informant before the Officer In-Charge, Naohalia Police Out Post on 10.07.2016. In the FIR, the informant had inter alia alleged that his mother, Bina Chawra was a resident of No. 2 Naohalia Village and she passe

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