HEMA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the order dated 3.4.2009 passed by the learned Sessions Judge , Morigaon in Sessions Case No. 24 of 2007. By this impugned judgment three accused persons, out of five, have been convicted under Section 302 read with Section 34 of the Indian Penal Code and they have been sentenced to undergo life imprisonment for life and also to pay fine of Rs.2000/ - each and in default further rigorous imprisonment for 3(three) months. Being aggrieved with the conviction and sentences all the three appellants have filed this common appeal .

(2.) HEARD Mr. N Ahmed, assisted by Mr. A Rahman, Mr. U Choudhury, Mr. SI Ahmed and Mr. S Das, learned counsel for the appellants and Mr. BJ Dutta, learned Additional Public Prosecutor for the State. We have also gone through the impugned judgment and the prosecution as well as defence evidence, proffered during the trial.

(3.) INITIALLY a case of unnatural death was registered at the instance of VDP President. Subsequently a written FIR was lodged by the elder sister of the deceased on 22.12.2006 alleging that her sister had committed suicide on the previous night. However, a casual allegation was made that she suspected that the accused persons had killed her sister and thereafter hanged her in a tree. On the basis of this information a case of murder was registered. After investigation charge sheet was submitted against five persons. After charge sheet the accused persons were tried for abetment of the suicide as well as for the murder with common intention and finally only three persons were convicted under Section 302/34 IPC.