BOLORAM KURMI & ANR. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 15 -06 -2006, passed, in Sessions Case No. 48 of 2003, by the learned Sessions Judge, Sonitpur, Tezpur, whereby the learned Sessions Judge, while convicting the accused -appellants under Section 302 read with Section 34, IPC, sentenced each of them to suffer imprisonment for life and pay a fine of Rs. 2000/ - and, in default, suffer rigorous imprisonment for a period of four months. The case of the prosecution, as unfolded, at the trial, may, in brief, be described as under:

(2.) DURING trial, when a charge, under Section 302 read with Section 34, IPC, was framed against all the said four accused persons, all the accused pleaded not guilty thereto.

(3.) HAVING found that there was no sufficient evidence bringing home the charge as against accused Budhu Bhuyan and accused Gerela Bhuyan, the learned Trial Court acquitted them accordingly; but convicted the present accused -appellants, Boloram Kurmi @ Petera and Khagen Kurmi, as mentioned above. Aggrieved, by their conviction and the sentence passed against them, the two convicted persons have preferred this appeal.