GAJIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under S. 374, Cr. P.C. is directed against the judgment dated 4-12-1998 passed by the Sessions Judge, Lakhimpur in Sessions Case No. 19(NL)/98 whereby the learned trial Court convicted the two accused-appellants under Ss. 302/34, I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each in default further imprisonment for one month.

(2.) On 20th March, 1996 Nasir Ali (P.W. 1) lodged a written F.I.R. before the Police stating inter alia that on the previous day at about 3 p.m., his son Md. Tamiruddin went to Jubanagar Bazar and did not return. Subsequently, the dead body of Md. Tamiruddin has been found lying in a field near the bank of Shingira River, the hands and neck of the deceased were found tied with rope.

(3.) The post-mortem was conducted by Dr. Ganesh Saikia, who found as follows :