NIPEN NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals having arisen out of the same judgment and order passed by learned Addl. Sessions Judge, Bajali in Sessions Case No. 189 of 2016 are taken up for hearing and disposal by this common judgment. By the impugned judgment, learned Sessions Judge convicted both the appellants u/s 302 IPC read with Section 34 IPC and sentenced them to rigorous imprisonment for life and fine Rs. 10,000/- each with default stipulation.

(2.) As per prosecution case, on 07-04-2016 some miscreants killed the victim Amarendra Das @ Joon and left his body on the verandah of the house of Benoy Deka. The next morning PW-11, the wife of the deceased lodged the FIR (Ext.-2), on the basis of which, police registered Barpeta P.S. Case No. 725 of 2016 under Section 302 IPC and commenced investigation. During the course of investigation, police recorded the statement of the witnesses, seized some incriminating articles and prepared the sketch map. Smt. Santa Bora (PW-17) prepared the inquest report and the post mortem examination was conducted by Dr. Deepak Kumar Das (PW-19), who found the following the injuries on the body of the victim.

(3.) On conclusion of the investigation, charge sheet was laid against the three accused persons including the present appellants and all of them stood trial for the offence of murder before the Court of Sessions.