PRADIP HASDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Mrinmoy Dutta (1), learned counsel appearing for the appellants. We have also heard Mr. Mrinmoy Dutta (2), who was original engaged as Amicus Curiae to represent the appellants. Mr. Mrinmoy Dutta (1) was privately engaged by the appellants at a subsequent stage and hence, on the request of this Court, the learned Amicus Curiae had continued to represent the appellants in this case. We have also heard Ms. B. Bhuyan, learned Sr. Advocate and APP, Assam, who has appeared on behalf of the State of Assam.

(2.) This appeal arises out of the judgement dtd. 30/09/2019 passed by the learned Additional Sessions Judge (FTC) Sonitpur in Sessions Case No. 156/2015 whereby, both the appellants have been convicted under Sec. 302/34 of the Indian Penal Code (IPC) for committing the murder of the deceased Nanki Hasda and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.10.00 thousand each with default stipulation.

(3.) The prosecution case, in a nutshell, is that on 19/02/2014, the appellants/accused persons went to the house of Boloram Hasda and woke him up as well as his wife Nanki Hasda. Thereafter, they had assaulted the victim Nanki Hasda with lathi and sharp weapon (dao) and fled the place. After the incident, they went to the Thelamara Police Station and confessed their guilt. Later on, the husband of the victim, viz. Boloram Hasda had lodged an ejahar, based on which, Thelamara Police Station case No. 9/2014 was registered under Sec. 302/34 of IPC. The matter was taken up for investigation by the Police and on completion of investigation, charge sheet was submitted against both the accused persons under Sec. 302/120-B/304/34 IPC based on which charge was framed by the learned trial Court. The charges were explained to the accused persons but since they had pleaded not guilty, the matter went up for trial.