KHIRESWAR TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Devi, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

(2.) This appeal has been filed against the impugned judgment dtd. 1/10/2016 passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 171/2005, by which the appellants, namely, Khireswar Tanti and Patal Karmakar, have been convicted under Ss. 302/34 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000.00 each, in default, simple imprisonment for one month.

(3.) The prosecution story, in brief, is that an FIR dtd. 1/8/2005 was submitted by the brother of the deceased, who was Prosecution Witness No. 1 (in short PW1). The FIR stated that the appellant Khireswar Tanti and Patal Karmakar along with one Sri Gajen Tanti had chased the deceased at around 7. 30 pm on 31/7/2005 and killed him by hitting him with a dao, axe and hammer etc. Thereafter, the accused persons had run away from the place of occurrence.