BAPAN DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these criminal appeals from Jail under Sec. 383, Code of Criminal Procedure, 1973 ['CrPC' and/or 'Code'] have arisen out of a common Judgment and Order dtd. 30/11/2021 passed by the Court of learned Sessions Judge, Udalguri in Sessions Case no. 41 of 2017. The criminal appeal, Crl. A.[J] no. 29 of 2022 is preferred by the accused-appellant, Biren Das @ Bira [hereinafter referred to as 'A-1', for easy reference]. The other criminal appeal, Crl. A.[J] no. 26 of 2022 is preferred by the accused-appellant, Bapan Dutta [hereinafter referred to as 'A-2', for easy reference].

(2.) In the trial of Sessions Case no. 41 of 2017, these two accused-appellants, Biren Das @ Bira [A-1] and Bapan Dutta [A-2] faced a charge of murder in view of the alleged homicidal death of one Gauranga Das, along with another accused person, Umesh Deka [hereinafter referred to as 'A-3', for easy reference], and also a charge for the offence under Sec. 201, Indian Penal Code [IPC], allegedly committed in furtherance of their common intention. By the common Judgment and Order of conviction and sentence dtd. 30/11/2021, both the accused-appellants have been convicted for the offence under Sec. 302, Indian Penal Code [IPC] in aid of Sec. 34, IPC and also for the offence under Sec. 201, IPC in aid of Sec. 34, IPC holding that in furtherance of their common intention, they committed the murder of Gauranga Das [hereinafter referred to as 'the deceased', for easy reference] and thereafter, concealed the deadbody. For the offence under Sec. 302, IPC read with Sec. 34, IPC, the accused-appellants have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 each, in default of payment of fine, to undergo simple imprisonment for another six months each. For the offence under Sec. 201, IPC read with Sec. 34, IPC, each of the accused-appellants has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000.00 and in default of payment of fine, to undergo simple imprisonment for another one month. It has been ordered that both the sentences are to run concurrently.

(3.) As it has been mentioned, the trial of Sessions Case no. 41 of 2017 was regarding homicidal death of Gauranga Das. The case, Sessions Case no. 41 of 2017 arose out of Panery Police Station Case no. 75 of 2016 and corresponding G.R. Case no. 1180 of 2016.