KAMAL KHUDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, by special leave, is at the instance of a convict accused of the offence of murder and is directed against the judgment and order passed by the Gauhati High Court dismissing the Criminal Appeal No. 86 of 2010 by which it affirmed the judgment and order of conviction passed by the Additional Sessions Judge (FTC), Sivasagar in the Sessions Case No. 57 of 2008 dtd. 10/6/2010.

(2.) It appears from the materials on record that in all three accused persons were put on trial in the Court of the Additional Sessions Judge (FTC), Sivasagar, including the appellant herein. All the three accused were charged with the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short, "IPC"). The trial court, vide its judgment dtd. 10/6/2010, held the appellant herein along with one Munna Bhoi (A-1) guilty of the offence of murder punishable under Sec. 302 IPC and sentenced them to undergo life imprisonment with fine of Rs.2,000.00 each and in default of payment of fine, further rigorous imprisonment for a period of two months. The third co-accused Bipon Bhoi was given the benefit of doubt and he came to be acquitted.

(3.) The case of the prosecution may be summarized as under: