DHAN TRIPURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 04.04.2007, passed, in Sessions Case No. 750 of 2005, by the learned Sessions Judge, Karimganj, convicting the accused-appellants, namely, Dhan Tripura and Purna Mohan Tripura, under Section 302 read with Section 34 IPC and sentencing each of them to undergo rigorous imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for a period of six months. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) At the trial, when a charge, under Section 302 read with Section 34 IPC, was framed against three accused-persons, all of them pleaded not guilty. During the course of trial, however, accused Ajit Tripura absconded and the trial proceeded against the present two appellants.

(3.) In support of their case, prosecution examined altogether ten witnesses. The two accused-appellants were, then, examined under Section 313 Cr.P.C. and, in their examinations aforementioned, they denied that they had committed the offence, which was alleged to have been committed by them, the case of the defence being that of total denial. No evidence was adduced by the defence.