(1.) Heard Ms. B. Bhuyan, learned Amicus Curiae. Also heard Mr. D. Das, learned APP, Assam. We have also perused the entire materials on record. This jail appeal is directed against the judgement dated 11/04/2008 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldoi in Sessions Case No. 47(DMFT) 2006. By the said judgement while convicting the accused appellant under Section 458/323/436/302 IPC, he has been sentenced to undergo RI for 2(two) years with fine of Rs. 3000/- and in default to undergo SI for 6 (six) months for the offence committed under Section 458 IPC. As regards his conviction under Section 323 IPC, the sentence is for SI for two months and for the conviction under Section 302 IPC, the sentence is RI for life with fine of Rs. 7,000/- and in default RI for further one year. For the offence under Section 436 IPC, the sentence is RI for 5(five) years with fine of Rs. 5,000/- and in default to undergo RI for another one year. All the sentence are to run concurrently.
(2.) On the basis of the FIR dated 26/6/2003 lodged by the PW-1 i.e. son of the deceased, Mazbat Police Station case No. 62/03 was registered under Section 147/448/325/436/302/429 IPC. The allegation made in the FIR is that on 25.6.2003 at about 10.30 pm, some persons entered into the house of the informant with some sharp weapons. Out of them, 2 (two) persons entered into the room of the deceased by breaking open the door. The FIR further states that one had carried a dagger and other also carried another form of dagger (Khukri). Upon entering the room of the deceased, the person with the dagger inflicted injuries on him. When he raised hue and cry, the sister of the informant came out of her room but she was also beaten up by the culprits. They also set fir to the house, as a result of which the house got completely gutted. The belongings inside the house also got destroyed, value of which would be around one lakh. One calf and a goat also died in the fire. As per the FIR, the deceased was taken away and was killed by inflicting injuries. As per the FIR, earlier one Shri Manbodh Teli had come to their house and threatened to kill them. It was stated in the FIR that out of the persons entering the house, the accused appellant could be recognized by his mother and sister i.e. PW-3 and 4.
(3.) On the basis of the FIR, the Police also carried out investigation and submitted charge sheet against the accused appellant along with Manbodh Teli i.e. father of the appellant.