DEBANANDA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE instant appeal is directed against the judgment dated 18/3/2008 passed by the learned Addl. Sessions Judge (FTC) Lakhimpur, North Lakhimpur in Sessions Case No. 58(NL) of 2005, whereby and whereunder the learned Addl. Sessions Judge after considering the evidence on record convicted the appellants herein under Section 302/201/34 IPC and sentenced them to suffer life imprisonment and to pay a fine of Rs. 2000/- each, i.e. to suffer RI for another six months for commission of offence under Section 302 IPC. Both the appellants were also sentenced to suffer RI for 3 years and to pay a fine of Rs. 1000/- each, i.e. to suffer another three months RI for commission of offence under Section 201 IPC. Both sentences passed for commission of offences under the aforesaid sections would run concurrently.

(2.) HEARD Mr. J.C. Barman, learned Amicus Curiae as well as Mr. K.A. Majumdar, learned AddI. PP. Assam.

(3.) THE accused appellants were ultimately arrested and produced before the Court. On production, they were sent to judicial custody. THEreafter, the learned Judicial Magistrate, 2nd class, North Lakhimpur committed the case for trial before the learned Sessions Judge, Lakhimpur, North Lakhimpur, the offence being exclusively triable by the Court of Sessions.