CHAKRADHAR BURAGOHAIN Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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AJIT BORTHAKUR -
(1.) Heard Ms. M.D. Choudhury, learned counsel for the appellant and Mr. K. Konwar, learned Additional Public Prosecutor, Assam.
(2.) This appeal under Section 374 and 482 of the Cr.P.C. has been preferred against the judgment and order, dated 27.08.2013, passed by the learned Sessions Judge, Tinsukia in Sessions Case No.280(T)/2012, whereby the appellant has been convicted under Sections 302/201 of the IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default of payment of fine to undergo rigorous imprisonment for a further period of 01 (one) month for the offence under Section 302 of the IPC. The appellant is further sentenced to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs. 1,000/-(one thousand) only in default to undergo rigorous imprisonment for one month under Section 201 of the IPC. The learned court below directed that the sentences shall run concurrently.
(3.) The appellant's case, in brief, is that one Shri Manoj Gogoi, s/o late Kuladhar Gogoi, a resident of Dahotia village lodged an FIR, on 16.08.2012, with the Officer-in-Charge, Bardubi P.S. alleging that on 14.08.2012, his elder brother Tarju Gogoi, aged about 32 years, after returning home from 'Tuesday Market', again went out of house at about 12.00 O'clock, midnight, and had been missing since then. On 16.08.2012, at about 11.00 am, some of the workers of Kehang Tea Estate found a headless dead body at Station No.9, Laipuli of Kehang Tea Estate and a severed head, a little away there from. Hearing the news of recovery of a headless dead body, he along with other family members went to see the dead body and identified that to be of his elder brother Tarju Gogoi. It was suspected that some unidentified miscreants killed him and concealed the dead body under the culvert of the said tea garden.;
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