KALICHARAN KOIBORTA@ KAN-DURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 23.09.2005, passed by the learned Ad-hoc Additional Sessions Judge, Kamrup, at Guwahati in Sessions Case No. 317 (K)/2004.

(2.) BY the impugned judgment and order, the learned Additional Sessions Judge convicted Shri Kalicharan Kaiborta @ Kandura Kaiborta (since deceased) and Shri Tilak Kaiborta (hereinafter called the appellants) under Section 302 read with Section 34 of the Indian Penal Code ( in short, "IPC") and sentenced them to suffer rigorous imprisonment for life and pay fine of Rs. 5,000/- each, in default suffer simple imprisonment for another period of 1 (one) year each for their conviction under Section 302/34 IPC.

(3.) THE prosecution case, as revealed at the trial, in brief, may be stated as follows: