GANESH RAMCHIARY S/O RABI RAMCHIARY Vs. STATE OF ASSAM
LAWS(GAU)-2018-12-73
HIGH COURT OF GAUHATI
Decided on December 13,2018

Ganesh Ramchiary S/O Rabi Ramchiary Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) Heard Mr. B. B. Narzari, learned Senior counsel, assisted by Mr. B. Ramchiary, learned counsel for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, who have also taken us through the evidence and materials on record. No representation on behalf of the respondent No.2/informant though the names of the counsel have been reflected in the cause list.
(2.) This appeal is directed against the judgment and order dated 01.08.2015 passed by the learned Sessions Judge, Nalbari, in Sessions Case No. 54/2008. By the said judgment, the learned Sessions Judge convicted the appellant under Sections 364/302/34 IPC and sentenced him to suffer imprisonment for life and to pay fine of Rs. 2,000/- with default stipulation under Section 302 IPC. He was further sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,500/-, with default stipulation under Section 364 IPC and all the sentences were directed to run concurrently.
(3.) As per the prosecution case, on 06.03.2006 at about 10.30 at the midnight, the victim, Pratap Ch. Mushahary was abducted from his house by some miscreants including the present appellants, who later on, killed him. On the next day, the beheaded body of the victim was recovered from the paddy field. PW1, Kalaram Mushahary, son of the victim, lodged the FIR, Exhibit 1, on the basis of which Boroma P.S. Case No. 15/2006 under Sections 365/302/34 of the IPC was registered. Upon recovery of the body, inquest report was prepared and the post mortem examination was conducted by Dr. Nirendra Nath Bhuyan.;


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