SIRLU ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel for the appellants in Crl.A. No.142/2020 and Crl.A. No.123/2020. Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent no.1.

(2.) The Crl.A. No.142/2020 has been filed four appellants, while Crl.A. No.123/2020 has been filed by the sole appellant against the same impugned judgment dtd. 12/2/2020 passed by the Court of the Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No.249/2016, by which the appellants have been convicted under Ss. 302/149 IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000.00 each, in default to suffer rigorous imprisonment for 3 (three) months. They were also convicted under Sec. 148 of IPC and sentenced to undergo R.I. for 1 (one) year and to pay a fine of Rs.2000.00 each, in default to suffer R.I. for three months. The sentences were to run concurrently.

(3.) The prosecution's case in brief is that an FIR dtd. 24/4/2013 was submitted by PW-2, to the effect that on 24/4/2013 at around 8 a.m., when P.W-2 and her husband were ploughing their land with a tractor, the appellants along with to two other persons, namely Putu Majhi and Sri Mangra Orang attacked her husband with bows, arrows, daos and stick. As soon as her husband fell on the ground, the said persons hacked him to death with a dao. PW-2 also states that though they tried to hack her neck with a dao, she survived. Consequent to the FIR submitted by PW-2, Dhekiajuli P.S. Case No.147/2013 under Sec. 147/148/149/302/307 IPC was registered.