PRIYA BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order passed on 26.3.97 by the learned Sessions Judge, Shivsagar in Sessions Case No. 61(S-S)/86. As many as 10-accused persons were tried for the offence under Section 302/427 IPC read with Section 34 IPC. It may be mentioned here that Police had submitted chargesheet against 13 accused persons out of which Gautam Borgohain was tendered pardon as he turned approver. Accused Dimbeswar Borgohain died during the pendency of the trial and another accused Shyam Borgohain absconded and the case against him was splitted up. Oh conclusion of the trial, accused-appellants Priya Borgohain and Kumud Borgohain were convicted under Section 302/34 IPC. They were also convicted for the offence under Section 427/149 IPC. Accused Bhupen Borgohain, Jitu Borgohain and Kukil Borgohain were convicted under Section 427/149 IPC. Six other accused persons were acquitted. The present appeal has been filed by the accused-appellants Priya Borgohain and Kumud Borgohain.

(2.) We have heard Mr J.M. Choudhury, learned counsel for the appellants as well as learned Public Prosecutor, Assam.

(3.) The prosecution story as disclosed in the ejahar exbt. 7(7-2) is that on 21.1.86 at about 7 pm, a mob of about 50 persons entered into the dwelling house of the complainant by breaking open the gate. Thereafter, they damaged the vehicle belonging to the owner of the house. Two appellants then entered into the room of the house and hacked Smt. Kunti Konwar and Smt. Ruplekha Konwar, mother and sister of the informant, to death, with dao and axes.