KURKURU GARH Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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H. K. Sarma, J. -
(1.) This Criminal Appeal has been preferred from jail by appellant, Sri Kurkuru Garh, against the judgment, dated 24.06.2016, passed by learned Additional Sessions Judge No. 1, (FTC) in Sessions Case No. 171(T)/2012 convicting the appellant for offence under Section 302 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life with payment of fine of Rs 30,000/-, in default, to suffer further rigorous imprisonment for 6 (six) months.
(2.) We have heard Mr. J Islam, learned Amicus Curiae appearing for the appellant. Also heard Mr. HRA Choudhury, learned senior counsel assisted by learned counsel, Mr. A Ahmed, appearing for the appellant as well as Mr. BJ Dutta, learned Additional Public Prosecutor, appearing for the State respondent No. 1.
(3.) The deceased was suspected to have stolen a goat belonging to the accusedappellant, and therefore, the accused-appellant and some others were in search of the deceased to nab him in connection with the commission of the theft of the goat. The villagers held a meeting in connection with the theft of the goat on being convened by the appellant. In the meeting itself, the accused-appellant assaulted the deceased with a knife causing grievous injuries resulting in his ultimate death. The offence took place on 11.05.2012, at about 7/8 am.;
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