BIRPATRA TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 20.1.95 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions case No. 73(S)/92 whereby the accused appellants were convicted and sentenced.

(2.) The three appellants before us were tried by the Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 73(S)/92 and on conclusion of trial they were convicted under Section 304 (II) IPC and sentenced to imprisonment for three years and to pay a fine of Rs. 1000/- each in default further imprisonment for six months each.

(3.) The prosecution allegation in brief is that on the date of occurrence, i.e. 16.5.91 the three accused appellants forcibly dragged Smti. Kripia Champia the deceased while she was at the tube well and assaulted her. She was brought to the house of the accused persons where she was assaulted and kept confined for the night and on the next day moming she was brought to the garden hospital where she was declared dead by the medical officer.