DIBAKER NUNIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 17/9/2009, as passed by the Gauhati High Court in Criminal Appeal No. 79 of 2006, whereby the High Court has dismissed the appeal filed by the present appellants and has affirmed the judgment and order dtd. 16/2/2006, as passed by the Session Court, Cachar, Silchar, Assam in Sessions Case No. 37 of 2003 convicting the appellants of offence under Ss. 302/34 Indian Penal Code, 1860 ('IPC') and awarding the sentence of rigorous imprisonment for life and fine of Rs.1,000.00 each with default stipulations.

(2.) Briefly put, the relevant background aspects of the matter are as follows:

(3.) The prosecution case mainly rested on the testimony of PW-2 Sukhram, father of the deceased and PW-3 Menoka Tati, mother of the deceased, both of whom were said to be the eye-witnesses to the occurrence.