LAWS(GAU)-2010-2-47

RAM BAYAN ALIAS DAS Vs. STATE OF ASSAM

Decided On February 01, 2010
RAM BAYAN ALIAS DAS Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 22.7.2008, passed, in Sessions Case No. 221(D-M) of 2006, by the learned Sessions Judge, Darrang, Mangaldoi, convicting the two accused-appellants under Section 302, IPC read with Section 34, IPC and sentencing each of them to suffer imprisonment for life and pay fine of Rs. 10,000 and, in default of payment of fine, suffer rigorous imprisonment for a period of six months.

(2.) The case of the prosecution is, in brief, thus: On 19.1.2005, at about 8-00 a.m., at Udalguri town, near the office of Ambagaon Co-operative Society, the accused-appellants gave blows with an iron rod on the head of Paresh Das and caused his death. On the basis of an FIR, lodged, in this regard, by Deepika Das (PW1), wife of the said deceased, Udalguri Police Station Case No. 13/2005, under Section 302/34, IPC, was registered against the two accused-appellants. During the course of investigation, police held inquest over the said dead body and, on completion of investigation, laid charge sheet against the two accused-appellants under Section 302/34, IPC.

(3.) During trial, a charge, under Section 302, IPC read with Section 34, IPC, was framed against the accused-appellants to which the appellants pleaded not guilty. In support of their case, prosecution examined altogether seven witnesses. The learned trial court also examined two witnesses as court-witnesses, whereupon the two accused-appellants were examined under Section 313, CrPC. In their examination aforementioned, both the accused-appellants denied that they had committed the offence alleged to have been committed by them, the case of the defence being that of total denial. No evidence was adduced by the defence. Having held the two accused-appellants guilty of the offence charged with, learned trial court convicted them accordingly and passed sentence against them as mentioned above. Aggrieved by their conviction and the sentence passed against them, the two convicted persons have preferred this appeal.