BIDHAN DOLEY Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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Hitesh Kumar Sarma, J. -
(1.) This appeal, under Section 374(2) of the Cr.P.C., has been filed challenging the judgment and order, dated 13.7.2016, passed by learned Sessions Judge, Jorhat, in Sessions Case No. 68(JJ)/2011, convicting the accused-appellants and sentencing them to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs. 10,000/- each for commission of offences under Sections 307/34 IPC.
Heard Mr. N.J. Das, learned counsel for the accused-appellants. Also heard Mr. B.J. Dutta, learned Additional Public Prosecutor for the state respondent No. 1. None appears for the respondent No. 2 in spite of service of notice upon him as per office note dated 2.8.2017.
(2.) I have perused the records of the learned trial court including the evidence of the witnesses. I have also perused the impugned judgment.
(3.) The fact leading to the case is that, on 19.6.2010, Sri Ramnath Doley, lodged an FIR with the Lahdoigarh Police Outpost, alleging, inter-alia, that on 17.6.2010, in the night, the accused-appellants came to his house, took him away forcibly putting him in a gunny bag threw him into the river Brahmaputra. He was recovered alive by Sri Jiban Doley/PW1, Sri Amar Doley/PW8, and Sri Sri Rajen Doley/PW3. He was thrown in the river, putting him in a gunny bag on the allegation that he was practising witchcraft.;
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