THAKUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellants convicted and sentenced by the judgment and order dated 14.12.2010 passed by the learned Addl. Sessions Judge, (FTC) Court No.2, Kamrup, Guwahati, Assam, in Sessions Case No. 270(K) 2006 seek redress. By the decision impugned they have been convicted under Sections 302/34 of the Indian Penal Code (for short as referred to as 'IPC') and sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs.1000/- (Rupees one thousand) each in default to undergo Rigorous Imprisonment for further one month.

(2.) WE have heard Mr. B.M. Choudhury and Mr. A. Choudhury, Advocates for the appellant in Criminal Appeal No. 16 of 2011 and Mr. F.K.R. Ahmed, Advocate for the appellants in Criminal Appeal No.11 of 2011. Mr. K.A. Majumder, learned Public Prosecutor of Assam appeared for the State.

(3.) THE prosecution examined thirteen witnesses including the doctors who had performed the post mortem examination on the dead bodies as well as the Investigating Officer. THE accused-appellants were examined under Section 313 Cr.P.C., in course of which, they maintained the same stand and claimed to be innocent. THEy also examined two witnesses namely, Md. Lal Man (DW.1) and Md. Monser Ali (DW.2).