RAJU NUNIA @ LAIKA Vs. THE STATE OF ASSAM AND ANOTHER
HIGH COURT OF GAUHATI
Raju Nunia @ Laika
The State Of Assam And Another
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HITESH KUMAR SARMA,J. -
(1.) This appeal from Jail challenges the judgment and order, dated 27.06.2014, passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No. 19/2012, whereby the appellant Sri Raju Nunia stands convicted for the offence under Section 302 of the Indian Penal Code (IPC) and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default, to suffer simple imprisonment for 6 (six) months. Accused Ramzanam Nunia and Mohan Nunia were also put to trial alongwith the present accused-appellant but the learned trial court has acquitted them by the impugned judgment.
(2.) The prosecution case is that, on 05.06.2009, one Sri Bhola Nunia lodged a written FIR with the In-Charge, Ghungoor Police Outpost, alleging that his deceased daughter Mania Nunia's husband, Chota Nunu Nunia, died about 6 (six) years back although she continued to live in her husband's residence. He also alleged that while her deceased daughter continued to stay in the residence of her husband, she developed an illicit relationship with accused No. 2, (named in the FIR), her brother-in-law. The informant further alleged that on the advice of the other accused persons, named in the FIR, the accused No. 2 entered into the room of his deceased daughter and after beating her, strangled her to death with a gamocha. According to the informant prior to death of his said daughter there was a village meeting wherein Narayan Nunia, Bahagban Lal Kahar, Ram Singhasan Nunia, Suchan Singh were present to settle the dispute between the accused No. 2/Raju Nunia and his deceased daughter.
(3.) On receipt of the FIR, on the above facts, through the aforesaid Police Outpost, the Silchar Police Station registered a case under Sections 449/302/34 of the IPC, and on completion of investigation, a charge-sheet was laid against the accused appellant alongwith Ramzanam Nunia and Mohan Nunia for commission of offences under Sections 449/302/34 of the IPC.;
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