RAJUMONI BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of both these appeals inasmuch as both these appeals have been arisen out of one and the same judgment and the appeals have, therefore, been heard together. By the impugned judgment and order, dated 18.03.2006, passed, in Sessions Case No. 99 (J-J) of 1997, by the learned Additional Sessions Judge, (Ad hoc), Jorhat, the two accused-appellants, namely, Rajumoni Bora and Bhim Bora @ Uma Kanta Bora, stand convicted under Sections 302, 201 and 324 read with Section 34 IPC and they both have been sentenced, for their conviction under Section 302 IPC, imprisonment for life with fine of Rs. 2,000/- and, in default of payment of fine, suffer rigorous imprisonment for two months. However, for their conviction, under Section 324 and 201 read with Section 34 IPC, no separate sentence has been passed by the learned trial Court on the ground that the accused-appellants have already been sentenced to imprisonment for life.

(2.) The case of the prosecution, as emerged at the trial, may, in brief, be described as under:

(3.) Upon receiving the information about the assault on Ranjit, Ranjit's father and his other co-villagers went to the river, they found Ranjit lying dead below the embankment of the river. Ranjit's dead body was brought to his house and a First Information Report was lodged by P.W. 1, father of deceased Ranjit, at Jengraimukh Police Station. Based on the First Information Report, so lodged by P.W. 1, Jengraimukh Police Station Case No. 32 of 1996, under Sections 326/ 302/ 201/ 34 IPC, was registered against the said three accused persons. During the course of investigation, police visited the place of occurrence, drew sketch map thereof, held inquest over the said dead body, got the post mortem examination performed on the said dead body. As far as injured Babu (P.W. 4). was concerned, he was medically treated. On completion of investigation, police laid charge-sheet, under Sections 302, 201 and 326 read with Section 34 IPC against the accused persons, namely, Bharat Bora (since absconder) and the two appellants, Rajumoni Bora and Bhim Bora.