RATAN SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The above-mentioned appeals are directed against the judgment and order, dated 23.12.2007, passed by the learned Additional District & Sessions Judge (FTC), Sonitpur, Tezpur. By the impugned judgment and order, the learned Sessions Judge, convicted the appellants aforesaid, under Section 302 read with Section 34 of Indian Penal Code (hereinafter called 'IPC') and sentenced each of them to suffer imprisonment for life and pay fine of Rs. 1,000/- each, in default, suffer rigorous imprisonment for another period of 2 (two) months.

(2.) Aggrieved by the said conviction and sentence, the appellants have preferred the said appeals separately. As both the appeals have arisen out of the same judgment and order, passed on same facts and evidence and as agreed to by the two learned Counsel, appearing for both the parties, we have heard both the parties together and propose to dispose of the same by tins common judgment and order.

(3.) The prosecution case, in brief, as may be required for disposal of these appeals, is that on 10.05.2004, a dead body of an unidentified male person was found lying by the side of the National Highway No. 52 at a place in village "Pasgaon". The said dead body, which was found, covered with blanket, bore marks of injury on head and face. Upon recovery of the said dead body, Shri Keshab Ch. Baruah, Assistant Sub-Inspector of Police, Salanibari Police Station, made GD entry being GD No. 209 and visited the place of occurrence. The said ASI, as informant, lodged FIR (Ext.-2) with the Officer-in-charge, Tezpur Police Station. Accordingly, a case was registered under Section 302 IPC.