DHIREN MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae appearing for the appellant as well as Ms. B. Bhuyan, learned Senior Counsel and Addl. P.P. appearing for the State assisted by Mr. J. Das.

(2.) This appeal is directed against the judgment and order dtd. 30/10/2017 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 150(J-J) of 2015, convicting the accused/appellant under Sec. 302/392 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.20,000.00 in default of payment of fine, to undergo rigorous imprisonment for 6(six) months under Sec. 302 IPC. The accused/appellant was further sentenced to undergo rigorous imprisonment for 10 (ten) years with a fine of Rs.10,000.00 in default of payment of fine, to undergo rigorous imprisonment for 6(six) months under Sec. 392 IPC. Both the sentences were directed to run concurrently.

(3.) The brief facts of the case is that the informant Beni Prasad Beria lodged an FIR before the in-charge, Deberapar police out-post under Mariani P.S. on 23/9/2014 stating inter-alia that one Manikchand Sarma had been staying as a tenant in his land at staff line of Bhelaguri Tea Estate. On 21/9/2014 at about 10.00 P.M., when Manikchand Sarma was sleeping inside his shop, some miscreants entered into his shop by breaking the back door of the shop and killed Manikchand Sarma by assaulting him with a piece of iron rod. Thereafter, the miscreants also had stolen away money from the shop.