SALKHU HASDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. DK Bagchi, learned counsel for the appellants. Also heard Mr. KA Mazumdar, learned Additional Public Prosecutor, Assam, for the State respondent.

(2.) THIS appeal is directed against the judgment and order dated 12.6.2009 passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No.6/2009 whereby the accused appellants were convicted under Sections 302/201/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs.5,000/- each and in default of fine, to suffer rigorous imprisonment (,,RI for short) for one year more for the offence committed under Sections 302/34 IPC. Both the accused appellants were also sentenced to RI for seven years and to pay a fine of Rs.1,000/- each , in default, 6 (six) months RI for the offence committed under Sections 201/34 IPC, making it clear that the sentences would run concurrently.

(3.) DURING the course of trial, the prosecution examined as many as nine witnesses, including the medical officer and the I.O., while defence examined none and took the plea of total denial. At the close of the trial, the statements of the accused appellants were recorded under Section 313 CrPC, wherein they have denied their involvement in the offence. After hearing the parties and upon perusal of the materials on record, the learned trial Court found the accused appellants guilty of the offence under Sections 302/201/34 IPC and convicted and sentenced them as indicated hereinabove. Hence, this appeal.