RAJBHORE BORO AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgement and order, we propose to dispose of the Criminal appeal, namely, Crl. A.(J) 84/2012, preferred by the accused-appellants, Binon Boro and Rajbhor Boro, as well as the Death Reference, namely, Death Reference No. 1/2012, seeking confirmation of the death sentences passed against the present accused-appellants by the learned Sessions Judge, Udalguri, in Sessions Case No. 93(D-U) of 2012.

(2.) By judgment and order, dated 31.07.2012, passed, in Sessions Case No. 93(D-U) of 2012, by the learned Sessions Judge, Udalguri, the present accused-appellants, namely, Sri Binon Boro and Sri Rajbhor Boro, stand convicted under Sec. 302 and 436 Penal Code read with Sec. 34 Penal Code and they have been sentenced, for their conviction under Sec. 302 Penal Code read with Sec. 34 IPC, to be hanged by neck, till death, with further direction to each of them to pay fine of Rs.1,00,000.00 and, in default of payment of fine, suffer simple imprisonment for two years each with direction that the fine amount shall, if paid, be given to the heirs of deceased Siring Boro. The two accused-appellants, namely, Binon Boro and Rajbhor Boro, have been further sentenced, for their conviction under Sec. 436 Penal Code read with Sec. 34 IPC, to suffer imprisonment for life and pay fine of Rs.1,00,000.00 each and, in default of payment of fine, to undergo simple imprisonment for two years each with further direction that the amount of fine shall, if paid by the accused, be given to the heirs of deceased Siring Boro. Aggrieved by their conviction and the sentences, passed against them, as mentioned hereinbefore, the accused-appellants have preferred the appeal.

(3.) Prosecution's case, as unfolded at the trial, may, in brief, be described thus: (i) Deceased Siring Boro was father of six sons including Binon Boro, who is one of the accused-appellants in the present case. Sometime before the occurrence, which led to the trial, and, subsequently, conviction and sentences of the accused-appellants, as mentioned above, deceased Siring Boro had partitioned his properties and distributed the same amongst his sons, the partition having been completed amicably. Accused Binon Boro had accepted the family settlement with regard to the partition of the ancestral property and started residing at the house of co-accused Rajbhor Boro, a relative of deceased Siring Boro, accused Rajbhor Boro's house being located near the house of deceased Siring Boro. Anil Boro (PW1), one of the elder brothers of accused Binon Boro, used to live with his parents, whereas Krishna Boro, another brother of accused Binon, used to stay away from his house in connection with his work and he had not built his house on his share of the partitioned land; rest of the brothers of the accused Binon, except Anil Boro (PW1), had built their houses on their respective shares of land and started living there. Anil Boro (PW1) did not built any house as he had been suffering from illness and, therefore, had been living with his parents. Smt. Moina Boro (PW2) is younger sister of accused Binon Boro and she, too, used to live with her parents and her brother, Anil Boro (PW1).