STATE OF ASSAM Vs. DIPANKAR SAHA @ BURA SAHA

JUDGEMENT

(1.) THIS appeal is at the instance of the State challenging the judgment dated 17.5.2007 passed by the learned Sessions Judge, Darrang , Mangaldoi in Sessions Case No.176 (DM) of 2005, whereby the respondent Nos. 2, 3, 4 and 5 have been acquitted from the offence under Section 302 read with section 34 of the IPC. Though the respondent No.1 was convicted u/s 304 PT -II IPC he was released on probation of good conduct and also imposing fine of Rs.21,000/ - (Twenty one Thousand). However, in the memo of appeal the State appellant has not made any specific prayer to enhance the sentence of the respondent No.1.

(2.) WE have Mr. D Das, learned Additional Public Prosecutor for the State and Mr. BM Choudhury for the respondents. Also gone through the impugned judgment and the evidence of the prosecution, tendered in the trial court.

(3.) THE learned Addl.P.P. submitted that the learned Sessions Judge did not give due weightage to the fact that all the accused persons were named in the FIR and also superficially rejected the testimony of the PW -1, who had seen the marpit. The learned Addl.P.P. also submitted that the evidence of PW -4 and PW -10 have also been discarded without assigning cogent reasons. It may be mentioned here that these two witnesses have spoken about dying declaration of the deceased.