LAKHAN KONWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.8.98 passed by the learned Sessions Judge, Morigaon in Sections Case No. 45/94, ereby convicting the appellants under Section 302 iPC and sentencing them to under go imprisonment for life with a fine of Rs.21,000 each in default of payment of fine to suffe further two months R.I. Both the accuset appellants were also sentenced to undergo R.I. for one year U/s 201/34 IPC.

(2.) Heard Mr J.M. Choudhury, learned senior counsel for the appellants and Mr B. Banerjee, learned Public Prosecutor.

(3.) On 2.1.92 Smt. Pramila Bordoloi lodged an FIR Ext. 1 to the effect that on 28.12.91 at about 5.30 PM her son Bijoy Bordoloi was called out and taken by PW-2 Paran Deoraja from their house. The son did not return home and it is learnt that the two appellants had committed murder of her son and thrown the dead body into the river. The dead body was subsequently recovered by the police and sent for post-mortem examination. The Doctor M.C. Dutta, PW.-5 held the autopsy and found that the deceased died due to asphyxia and not by drowning. The Doctor, however, did not find any extemal injuries as the body was under the process of complete decomposition. The Doctor also found that a jute rope was tightened up at the upper part of abdomen. The deceased was a young boy aged 15 years and from the facts and circumstances of the case and materials available on record it is well established that this is a case of homicide. The possibility of suicide or accidental drowning is ruled out.