SONI BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this common judgment and order, we propose to dispose of both these appeals. We have heard Ms S.D. Baruah, learned counsel, appearing as amicus curiae in Crl. Appeal (J) 116/2006, and Mr. P. Katakey, learned counsel, appearing as amicus curiae in Crl. Appeal (J) 117/2006. We have also heard Mr. K.A. Majumdar, learned Additional Public Prosecutor, Assam.

(2.) BOTH these appeals are directed against the judgment and order, dated 13.09.2006, passed, in Sessions Case No. 95/2003, by the learned Sessions Judge, Golaghat, convicting the accused -appellants, under Section 302 read with Section 34, IPC, and sentencing them to suffer imprisonment for life and pay fine of Rs. 5,000/ - each and, in default of payment of fine, suffer rigorous imprisonment for a further period of 1 (one) year.

(3.) DURING investigation, police visited the place of occurrence, drew sketch -map and held inquest over the said dead body. Police also seized a hammer and a stick from the house of the accused by Seizure list (Exhibit 2).