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2024 Supreme(Gau) 887

MANISH CHOUDHURY, KAUSHIK GOSWAMI
Uttam Dibra – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. N. Hasan, Amicus Curiae.
For the Respondent: Ms. B. Bhuyan, Senior Counsel & Additional Public Prosecutor, Assam, Ms. R. Das

JUDGMENT :

M. Choudhury, J.

The present criminal appeal from Jail is preferred taking exception to a Judgment dated 09.05.2019 and an Order on sentence dated 09.05.2019 passed by the Court of learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case no. 08/2011, arising out of G.R. Case no. 94/2010 and Kheroni Police Station Case no. 54/2010. In the Judgment dated 09.05.2019, the accused-appellant has been held guilty of the offence under Section 300, Indian Penal Code [IPC]. By the Order on sentence dated 10.05.2019, the accused-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000/-, in default of payment of fine, to undergo simple imprisonment for 1 [one] year.

2. As per the prosecution case, one Pradip Kumar Dibra as the informant lodged a First Information Report [FIR] before the In-Charge, Mailoo Police Out Post on 13.09.2010 whereby the informant had alleged that at around 11-00 a.m. on that day, that is, on 13.09.2010, the accused committed murder of his mother, Thaiphrangdi Dibra, aged about 60 [sixty] years, at a place near a bamboo grove behind their house and in a sugarcane plantation of Gobin Daulagophu. The informant ha

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