JATIN MALLIK Vs. STATE OF ASSAM
LAWS(GAU)-2018-7-61
HIGH COURT OF GAUHATI
Decided on July 19,2018

Jatin Mallik Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. Bhaskar Baruah, the learned Amicus Curiae for the appellant and Ms Bornali Bhuyan, the learned Additional Public Prosecutor, Assam.
(2.) This is an appeal directed against the Judgment & Order dated 24.06.2014, passed by the learned Additional Sessions Judge-II, Sonitpur, Tezpur in Session Case No. 47/2014 convicting the accused/appellant under Section 302 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/- with a default clause.
(3.) The case of the prosecution is that an FIR was lodged on 27.01.2014 by one Sh. Pulin Koch to the effect that on 26.01.2014 at around 10:00 o'clock at night following a simple quarrel, Sh. Jatin Maulik, (the appellant herein) hacked Sh. Jogendra Sharma to death. That Sh. Jogendra Sharma was a person from Bihari Community, lived for about 12 years on a plot of land under Parbatia Panchayat, which was about half of a kilometer away from his house by erecting a temporary shed. Sh. Jogendra Sharma and Sh. Jatin Maulik lived on his plot of land with his permission.;


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