MOHAN DUWARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals arise out of the common judgment and order dated 6.5.09 passed by the learned Addl. Sessions Judge, FTC, Biswanath Chariali in Sessions Case No. 111 of 2006 convicting the accused-appellants under Sections 302/34 of the Indian Penal Code (for short, 'IPC') and sentencing them to rigorous imprisonment for life and fine of Rs. 1,000/- each, in default, to suffer imprisonment for a further period of sixty days. The Criminal Appeal No. 58 (J) of 2009 has been preferred by the accused-appellant Mohan Duwara who is in custody.

(2.) We have heard Mr. K. Sharma, learned Advocate for the appellant Mushai Borah assisted by Mr. D. Das, Advocate and Ms. R. Das Majumder, learned Amicus Curiae for the appellant in Criminal Appeal No. 58 (J) of 2009 Mohan Duwara, Mr. Z. Kamar, learned Public Prosecutor represented the State.

(3.) The prosecution case as presented is traceable to the FIR dated 21.10.04 lodged by Pranab Kr. Bora I/C Howajan Police outpost with the Officer-in-Charge of Gohpur police station to the effect that on his visit to Dhandigaon on 20.10.09, he came to learn that the accused-appellants had invited a businessman to their house in the evening of 18.10.04 to discuss with him about some transaction involving cattle. The FIR disclosed that at about 10/11 p.m. in the evening, they accompanied the said businessman in order to show him the cattle and on the way killed him by a sharp weapon on a paddy field near Rajkhowa Bahani at the back side of Dhandigaon and wrested from him Rs. 10,000/-. The FIR also revealed that the accused-appellants after murdering the said businessman dragged the dead body to Dilapakhara and buried it there. Though with the help of the local people the dead body was thereafter recovered, its identification was not possible. On the basis of the said FIR, Gohpur PS case No. 197/04 under Sections 394/302/201 IPC was registered. On completion of investigation, charge-sheet was laid against the accused-appellants under the aforementioned provisions of law. The learned trial Judge framed the charges against them under Sections 201/302/34 IPC. They pleaded innocence and therefore, the trial followed. The prosecution examined 21 witnesses including the Investigating Officers and the Doctor who performed the post mortem examination. Two Court witnesses, namely, Holiram Basumatary and Lakshiram Hazarika as CW 1 and CW 2 respectively were also examined. The accused-appellants did not adduce any evidence. Their statements under Section 313 CrPC were recorded and finally by the impugned judgment and order they were convicted and sentenced as hereinabove.