GAUHATI HIGH COURT
MR. JUSTICE SANJAY KUMAR MEDHI, MRS. JUSTICE MARLI VANKUNG, JJ
TUSHAR NATH – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent
Judgment & Order :
S.K. Medhi, J.
The instant appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 of BNSS, 2023] against the judgment and order dated 05.03.2020 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 11 (BNG) / 2018 arising out of GR Case No. 769 / 2014 convicting the accused / appellant under Sections 302/341/323 of the IPC [corresponding to Sections 103/126/115 of BNS] and sentencing him to suffer imprisonment for life under Section 302 of the IPC [[corresponding to Section 103 BNS] and fine of Rs.10,000/-, i/d of payment of fine to suffer Simple Imprisonment for 2 months, also sentencing to SI for 15 days and fine of Rs.500/- for offence under Section 341 of the IPC [corresponding to Section 126 BNS] i/d of payment of fine suffer Simple Imprisonment for 5 days and further sentencing to undergo SI for 6 months and to pay a fine of Rs.1000/- i/d of payment of fine suffer SI for 15 days under Section 323 of the IPC [corresponding to Section 115 BNS].
2. The criminal law was set into motion by lodging of an Ejahar on 02.09.2014 by PW 1, who is the elder brother of the deceased. It has been
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