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2024 Supreme(Gau) 1033

MANISH CHOUDHURY, KAUSHIK GOSWAMI
BHAITI SUREN – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Ahmed.
For the Respondents: B. Bhuyan, M. Chakraborty.

JUDGMENT :

MANISH CHOUDHURY, J.

1. This criminal appeal from jail under Section 383, Code of Criminal Procedure, 1973, [‘the Code’ and/or ‘the CrPC’, for short] is directed against a Judgment and Order dated 21.12.2021 passed by the Court of learned Sessions Judge, Karbi Anglong, Diphu [‘the trial court’ for short] in New Sessions Case no. 18 of 2018 [Old Sessions Case no. 40 of 2014], which arose out of Bokajan Police Station Case no. 131/2013 and corresponding G.R. Case no. 729/2013. In the trial, the accused-appellant faced a charge of patricide and after the trial, the learned Sessions Judge, Karbi Anglong finding him guilty for committing the murder of his father, Sukhu Sureng under Section 300, Indian Penal Code [IPC], had sentenced the accused-appellant under Section 302, IPC to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 1 [one] year.

2. We have heard Mr. A. Ahmed, learned Amicus Curiae for the accused-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. M. Chakraborty, learned counsel for the respondent State.

3. Mr. Ahmed, learned Amicu

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