DHARANI PATOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Sri R. Barua, learned counsel for the appellant, and Mr. PC Gayan, learned Addl. Public Prosecutor.

(2.) This appeal is directed against the judgment and order passed, on 02.03.2002, by the Additional Sessions Judge, Nagaon, in Sessions Case No.101(N)/99, whereby the accused-appellant, Dharani Pator, along with Mohan Teron were convicted under Section 302 IPC and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1000/- each and, in default, to further imprisonment for one month each.

(3.) The prosecution's allegation, in short, is that on 04.07.98, the deceased Lakhimoni Debnath @ Jatin alongwith his brother, Babu Moni Nath went to invite guests and thereafter, the said Lakhimoni Debnath was found missing. The dead body of Lakhimoni Debnath was recovered from a place near Airawat Beel. The police after usual investigation, submitted charge-sheet against the accused persons. However, one of the accused persons, namely, Dimbeswar Bordoloi absconded and the trial proceeded against Mohan Teron and Dharani Pator. The present appeal is by the Dharani Pator. Upon inquiry, we have found that no appeal has been preferred by the other accused Mohan Teron.