DIPAK NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Goswami, learned Amicus Curiae for the appellant. Also heard Mr. M. Phukan, learned Additional Public Prosecutor for the respondent State.

(2.) Order of 24.06.2019 shows that notice was accepted to be served on the respondent No.2 as per the report of the Officer-in-Charge of Dhola Police Station, but none appears for the said respondent.

(3.) An ejahar dated 14.12.2015 was lodged by Bana Nayak inter alia stating that on 14.12.2015 at around 5 to 6 a.m., his younger brother Dipak Nayak had killed his nephew Babul Nayak by striking him with an axe inside Babul's house. Accordingly, the accused was charged of an offence under Section 302 of the IPC for having intentionally caused the death of Babul Nayak by committing a murder.