MINTU HASDA AND ANOTHER Vs. THE STATE OF ASSAM AND OTHERS
HIGH COURT OF GAUHATI
Mintu Hasda And Another
The State Of Assam And Others
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AJIT SINGH,J. -
(1.) AND ORDER - The appellants, namely, Mintu Hazda and Petras Besra @ Tala have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 2000/- each, with default stipulation.
(2.) The victim of the incident was Bhim Bahadur Adhikari, aged about 42 years. He was a resident of No. 4, Barigaon within the district of Udalguri, Assam.
(3.) According to the prosecution case, on 5/12/2012, at about 9 a.m., Bhim Bahadur Adhikari went out of his house to purchase articles from Udalguri Weekly Market. But when he did not return till evening, his two daughters searched for him and ultimately found him lying on a road near Khawrang river. They then asked him to return home but he refused and told them that he would come later. Even then he did not return. And, on the next morning, his dead body with injuries was found in the river by Ganesh Rajbhor (PW-4), who intimated the villagers about the dead body. Headman of the village - Gopinath Chetry (PW-5) - lodged the First Information Report Exhibit-1 at Udalguri Police Station about the discovery of dead body. He also stated in the First Information Report that some miscreants might have committed the murder of Bhim Bahadur by hacking his neck with a sharp edged weapon and thereafter dumped the dead body in the river. The First Information Report was registered against un-known persons. The Station Officer - Amar Jyoti Baruah (PW-11)- immediately rushed to the place of occurrence and recorded the statements of witnesses. He also sent the dead body of Bhim Bahadur for post-mortem examination.;
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