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2024 Supreme(Gau) 1211

MANISH CHOUDHURY, ROBIN PHUKAN
DHANIRAM GOUR S/O SHRI RAMCHARAN GOUR – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. KALITA.
For the Respondents: B. BHUYAN, R. DAS.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The present criminal appeal from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘Cr.P.C.’ or ‘the Code’ for short] is preferred by taking exception to a Judgment and Order dated 31.07.2019 passed by the Court of learned Sessions Judge, Udalguri in Sessions Case No. 80 of 2017, which arose out of G.R. Case No. 821 of 2017 and Dimakuchi Police Station Case No. 60 of 2017. Finding guilty of the offence of murder under Section 300 , INDIAN PENAL CODE [IPC], the Court of learned Sessions Judge, Udalguri, by the afore-mentioned Judgment and Order, has sentenced the accused-appellant under Section 302 , IPC to undergo imprisonment for life. It has been observed in the Judgment and Order of conviction and sentence that there is no need to award fine in the given circumstances of the case.

2. The investigation into the case, Dimakuchi Police Station Case No. 60 of 2017 was commenced on lodgement of a First Information Report [FIR] by one Ram Charan Gour [PW-1] as the informant before the Officer In-Charge, Dimakuchi Police Station at 08-30 a.m. on 10.07.2017. In the FIR, the informant-Ram Charan Gour [PW-1] stated inter alia to the effect that w

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