BABU URANG @ RANJIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two Criminal Appeals from jail have been filed by the accused/appellants against the common judgment and order dated 19.05.2010 passed by learned Sessions Judge, Sivasagar in Sessions Case No. 41 (S-C) of 2007. By the said judgment and order, the accused/appellants, namely, (i) Sri Babu Urang @ Ranjit and (ii), Sri Jan Gogoi @ Ananta, each of them have been convicted under Section 302/449/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5,000/- only, in default, to undergo rigorous imprisonment for 3 (three) months under Sections 302/34 of the Indian Penal Code and further sentenced to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 1,000/- only, in default, to undergo rigorous imprisonment for 1 (one) month under Sections 449/34 of the IPC.

(2.) In these cases the criminal process was set in motion by filing of an FIR, on 15.07.2006 at about 11:00 am. by one Smti. Parul Gogoi, (PW.3) before the Officer-in-Charge, Moranhat Police Station stating that on the previous night on 14.06.2006, in her absence, some unknown miscreants entered her house at Himpara Reserve Village by cutting through the comer of the wall in its south western part and killed her two sons, namely (1) Prabitra Gogoi, aged about 12/13 years and (2) Rubul Gogoi, aged about 7/8 years by inflicting stab injuries on their stomach, chest and waist by pointed weapon.

(3.) On the basis of said FIR, Moranhat PS. Case No. 49/2006 under Sections 448/302 IPC corresponding to G.R. Case No. 320/2006 was registered The case was investigated by PW.13, Sri Khagen Changmai, O.C. of the Police Station. In the course of the investigation inquest was held on the dead bodies, which were sent for post mortem examination, statement of person acquainted with the crime alleged was recorded by the Investigating Officer under Section 161 Cr.P.C., and at the conclusion of the investigation Charge-Sheet was submitted on 31.12.2006 vide Charge Sheet No. 85/2006 against the accused appellants under Sections 448/302/34 IPC. The offence under Section 302 IPC being exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, Charaideu, Sonari vide order dated 22.05.2007 committed the case to the learned Sessions Court, Sivasagar.