SUBODH SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and sentence dated 29- 9-2003 passed by the learned Sessions Judge, Morigaon in Sessions Case No.24/2003 (GR Case No.6/02).

(2.) THE origin of this case lies in the First Information Report (FIR) lodged on 2-1-2002 by Nagen Pal, brother of the deceased. In his report, Nagen Das stated that on 1-1-2002 his brother Niranjan Pal had gone to Gegera along with some others, that is, Mantu Das, Habial Das, Subodh Sarkar and Dhanai Das for a picnic. Though the four friends of Niranjan Pal returned home the same evening, he did not come back. THE next morning (on 2-1-2002) the informant came to know from some wood cutters that the dead body of Niranjan Pal was found in the Gegera forest. In the report given by him, Nagen Das stated that he suspected that Mantu Das, Habial Das, Subodh Sarkar and Dhanai Das had killed Niranjan Pal.

(3.) THE prosecution examined as many as seven witnesses and the mother of Niranjan Pal appeared in the witness box as a Court Witness.