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2024 Supreme(Gau) 1229

MANISH CHOUDHURY, MITALI THAKURIA
Siva Karmakar – Appellant
Versus
State of Assam Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.K. Bhuyan, Amicus Curiae.
For the Respondent: Mr. K.K. Das, Additional Public Prosecutor, Assam.

JUDGMENT :

M. Choudhury, J.

1. The present criminal appeal from Jail under Section 383, Code of Criminal Procedure, 1973 [‘CrPC’ or ‘the Code’, for short] is directed against a Judgment and Order 18.05.2022 passed by the Court of learned Sessions Judge, Dibrugarh in Sessions Case no. 72 of 2020. By the Judgment and Order dated 18.05.2022, the Court of learned Sessions Judge, Dibrugarh has convicted the accused-appellant on finding him guilty for the offence of murder and has held that the offence committed by the accused falls within Clause thirdly of Section 300, Indian Penal Code [IPC]. The accused-appellant has accordingly been sentenced under Section 302, IPC to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/-, in default of payment of fine, to undergo simple imprisonment for another month. The accused-appellant has also been found guilty for the offence under Section 447, IPC and for the offence under Section 447, IPC, he has been sentenced to undergo rigorous imprisonment for three months. It has been ordered that both the sentences are to run concurrently.

2. The genesis of the trial of Sessions Case no. 72 of 2020 is traceable to a First Information Repo

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