ANANDA HAZARIKA Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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P.K. Deka, J. -
(1.) Heard Ms. R. Dutta, the learned Amicus Curiae and Mr. M. P. Goswami, the learned Additional Public Prosecutor, Assam.
(2.) This appeal is against the judgment and order of sentence dated 05.09.2010 passed by the learned Sessions Judge, Nagaon in Sessions Case Sessions (T-1) Case No.174(N) of 2010.
(3.) It is the case of the prosecution that on 10.06.2009, at about 11.00 AM, the deceased Kanak Hazarika, the husband of the informant, Smti. Isikan Hazarika (PW1) of village Maz Ghilani under Kampur Police Station went out from his residence along with the Fishery Officer and arrived at the house of Homeswar Hazarika. At around 3.00 PM on the same day, the said informant was informed that the accused/appellant, Ananda Hazarika called the deceased husband, Kanak Hazarika to his house and thereafter the said accused person killed him by strangulation. Upon hearing such information the informant, with other persons arrived at the house of the accused person and found the dead body of her husband lying in the courtyard of the accused person, following which FIR was lodged before the Officer-incharge, Kampur Police Station and thereafter Kampur P.S. Case No.61/2009, under Section 302 of the IPC was registered. Police completed the investigation and submitted the charge sheet under Section 302 of the IPC against the accused/appellant, Ananda Hazarika. After commital, the learned Additional Sessions Judge (FTC), Nagaon framed the formal charge under Section 302 of the IPC against the accused/appellant. Later on, the case was withdrawn from the Court of the learned Additional Sessions Judge (FTC), Nagaon and the said case was tried and disposed of by the impugned judgment and order of sentence by the learned Sessions Judge, Nagaon.;
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