ARUN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr N Mahajan, learned counsel for the appellants and Ms S Jahan, learned Additional Public Prosecutor for the State of Assam/respondent No. 1.

(2.) This appeal has been preferred challenging the Judgment and Order dt. 27/9/2019, passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldoi, in Sessions CaseNo. 142 (DM)/2016, whereby the accused appellants have been convicted under Sec. 302/323/34 IPC and sentenced to undergo Rigorous Imprisonment for Life and to pay a fine of Rs.10,000.00 each, in default, to undergo Simple Imprisonment for one year each for the offence under Ss. 302/34 IPC and to further undergo Simple Imprisonment for 3 (three) months each for the offence under Sec. 323/34 IPC. Both the sentences were directed to run concurrently.

(3.) The brief facts of the case is that on 4/10/2015, one Kandarpa Deka lodged an FIR before the OC, Mangaldoi Police Station, stating inter alia that on 3/10/2015, at about 04:30 pm, his elder brother Kamala Deka and his uncle Saruram Deka, while returning home from Khodoumara Chapori, the accused persons, namely, Arun Deka and Hema Deka @ Bhotok Deka, killed his elder brother Kamala Deka by hacking him on his neck. They also caused grievous injuries to his uncle Saruram Deka, with a sharp cutting weapon.