SUSHANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH the appellants herein have been convicted under Sections 302 of the Indian Penal Code vide impugned Judgment dated 31.8.2010 passed by the learned Additional Sessions Judge (FTC) Cachar, Silchar in Sessions Case No. 77 of 2002 and after their conviction both the appellants have been sentenced to undergo imprisonment for life and also to pay fine of Rs.5000/ - with default sentence of further (six) months each. Being aggrieved with the conviction and sentence both the convicts have preferred this common appeal.

(2.) HEARD Mr. SA Ahmed, learned counsel for the appellant and Mr. BJ Dutta, learned Additional Public Prosecutor for the State. We have also gone through the impugned judgment and the prosecution evidence tendered in the trial court. The defence case was of total denial and no evidence in defence was tendered by the accused persons.

(3.) FROM the evidence on record it appears that on the previous day of the offence of culpable homicide a fishing net of the accused persons were stolen and the accused person suspected that it was stolen by the deceased Ranjit and PW -4 Bijan Sen. According to PW -4 in that regard an altercation had also taken place between the accused Sushanta and PW -4 and the deceased person. In this way, the physical assault upon the deceased was the result of the said altercation regarding theft of a fishing net.