Decided on March 13,2018

Nityananda Roy S/O Bancha Roy Appellant
STATE OF ASSAM Respondents


Nelson Sailo, J. - (1.) Heard Mr. G. Baishya, the learned counsel for the appellant and Ms. B. Bhuyan, the learned Addl. P.P., Assam.
(2.) This is an appeal against the Judgment dated 09.05.2013, passed by the learned Sessions Judge, Kokrajhar in Sessions Case No. 05/2009 convicting the accused/appellant U/s 302 and 201 of the Indian Penal Code, 1860 (IPC) and sentencing him to undergo rigorous imprisonment for life with fine of Rs. 5,000/- for the offence U/s 302 IPC and rigorous imprisonment for three years with a fine of Rs. 1,000/- for the offence under Section 201 IPC. Both sentences are with a default clause and are to run concurrently. For convenience, the convicted accused will be referred as the appellant hereafter.
(3.) The case of the prosecution in brief is that one Shri Sambhu Barman, father of the deceased (PW-1) lodged an FIR before the Officer in Charge of Garufela Police Outpost on 18.09.2007 stating that on 16.09.2007 (Sunday) at about 4 p.m., his third son Shri Gautam Barman (the deceased) aged about 16 years went to the residence of the appellant to collect money for PACL company. Thereafter his son called up one of his neighbour's son Shri Kirshna Sutradhar (PW-3) at around 5 p.m. informing him that he was in danger and asked him to inform his mother that he will be late by half an hour. When Shri Krishna Sutradhar called him back after half an hour, his phone was switched off. Thereafter, he with his elder son and two other persons went to the house of the appellant only to be informed that his son had returned home at around 6 p.m. Alleging that his son was brutally killed near No. 2 Hatigarh river, he lodged the FIR naming as many as 13 persons including the appellant. He also mentioned that his son had opened his Paan shop on the day when bandh was called by AKRASU unaware about the bandh and therefore, his son was killed due to some conspiracy made by the persons named in the FIR.;

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