BIHU RAM RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, appearing for the State respondent.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed by the accused/ appellant, against the judgment and order, dtd. 26/7/2012, passed in Sessions Case No. 80(A)/2007 by the learned Addl. Sessions Judge, F.T.C., Bongaigaon, convicting the accused/ appellant under Sec. 304 Part-II of the IPC and sentencing him to suffer rigorous imprisonment for 7 (seven) years and also to pay fine of Rs.1,000.00, in default to undergo simple imprisonment for 1 (one) month.

(3.) The prosecution case, in brief, is that on 1/8/2006 at about 1:20 PM, the accused persons, namely, Aghon Ray and Bihu Ram Ray committed murder of Charu Bala Ray and Aswini Kumar Ray in their courtyard by using sharp cutting weapon. A written ejahar on the same day was filed at North Salmara Out Post and accordingly, G.D. Entry No. 8, dtd. 1/8/2006, was made and on being forwarded to the Officer-in-Charge, Abhayapuri P.S. registered the aforementioned case and launched investigation.