SUMITRA PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal, under Section 372 read with Section 378 of the Code of Criminal Procedure, putting to challenge the judgment and order, dated 13-06-2011, passed, in Sessions Case No. 74(DH) 2006, by the learned Sessions Judge, Dhemaji, acquitting the accused-respondent No. 2, namely, Bidyadhar Doley, of the offences under Sections 449 and 302 read with Section 34 IPC. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) Upon commitment of the case to the Court of Sessions for trial, charges were framed, on 30.11.2006, against accused Bhupen Doley and accused Bidyadhar Doley (i.e., the respondent No. 2) under Sections 449 and 302 read with Section 34 IPC. To the charges, so framed, both the accused, Bhupen Doley and Bidyadhar Doley, pleaded not guilty.

(3.) When the trial was in progress, accused Bhupen Doley, too, absconded and was accordingly declared absconder.