GAJEN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.J. Phukan, learned Counsel appearing for the Appellants. Also heard Mr. B.S. Sinha, learned Addl. Public Prosecutor who appears for the State.

(2.) This appeal is presented to challenge the order dated 25.2.2003 in Sessions Case No. 50(JJ) of 2000 rendered by the learned Sessions Judge, Jorhat, whereby the accused Appellants have been convicted under twin Sections 147 and 304(P-II) of the IPC. Under Section 304(P-II), they have been sentenced to undergo R.I. for 3 years and for the conviction under Section 147, 1 year R.I. has been ordered. Both the sentences would run concurrently.

(3.) The police proceeding in this case was started with an FIR lodged by Shri Ajit Das, wherein the police was informed that the accused Appellants along with other villagers had fatally assaulted the informant's elder brother Ranjit Das and his dead body was dumped on the road in front of the L.P. School. Pulibor PS. Case No. 122/98 was accordingly registered and investigation was started. On conclusion of the investigation, charge sheet against 8 accused including the 6 Appellants were filed, under Sections 147 and 302 of the IPC. After commitment of the case, the trial started in the Sessions Court at Jorhat.