SURAJLAL SANTAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 20.12.2006, passed by the Additional learned Sessions Judge (FTC), Karimganj in Sessions Case No. 92/2005. By the impugned judgment and order, the learned Sessions Judge convicted the appellants for the offence under Sections 302 /34 IPC and accordingly sentenced them to suffer imprisonment for life and pay fine of Rs. 2,000/- in default suffer imprisonment for another period of one year for their conviction under section 302 /34 IPC. Aggrieved by the impugned conviction and sentence, the convicted persons, as appellants, have come up with this appeal. We have heard Ms. A. Phukan, learned Amicus Curiae and Mr. D. Das, learned Additional Public Prosecutor.

(2.) The prosecution case, in brief, is that, on 19.6.2005, at about 7.30 A.M., while Shri Lakhi Prasad Bhumij (hereinafter called the deceased) was working in the land of the informant namely Dilip Bhumij, the appellants, armed with sharp weapon, assaulted the deceased causing his death on the spot. Accordingly, the informant (PW1) lodged an FIR with the Police on the same day and the Police at the conclusion of investigation submitted charge sheet under sections 302 /34 IPC.

(3.) The offence being exclusively triable by the Court of Sessions, the learned Sessions Judge framed charge under section 302 /34 IPC, to which the appellants pleaded not guilty.