ATUL HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals have arisen out of the judgment and order, dated 29.09.2008, passed, in Sessions Case No. 59 (DH) of 2007, by the learned Sessions Judge, Dhemaji, convicting the accused-appellants under Section 302 read with Section 34 IPC and sentencing each of them to suffer imprisonment for life and pay fine of Rs. 2,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of six months. The prosecution's case, as unfolded at the trial, may, in brief, be described thus:

(2.) At the trial, when a charge, under Section 302 read with Section 34 IPC, was framed against the two accused-appellants, both of them pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether 11 (eleven) witnesses. The two accused-appellants were, then, examined under Section 313 Cr.P.C. and, in their examinations aforementioned, both the accused-appellants denied that they had committed the offence, which was alleged to have been committed by them, the plea of accused-appellant, Atul Hazarika, being a plea of alibi and the plea of the accused-appellant, Bijoy Hazarika, being that he had merely seen Ajit Hazarika lying on the ground near the gate of his house. No evidence was adduced by the defence.