ABDUL RAJAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J.M. Choudhury learned senior counsel, assisted by K.M. Mazumdar and Mr. B. M. Choudhury, for the appellants and Mr. F.H. Laskar learned Public Prosecutor.

(2.) This appeal under Section 374 Cr. PC. is directed against the judgment and order passed by the Sessions Judge Hailakandi on 20.05.03, whereby eight accused appellants were convicted and sentenced for various periods for committing offences under Section 148, 302/201 read with Section 149 IPC.

(3.) The prosecution case, in brief, is that on 17.11.90, Manik Rabidas along with his wife Kutimoni Rabidas, daughter Ratna Rabidas and son Sibu Rabidas went out of the house to proceed to their in-laws house and were missing. Thereafter, a missing entry was given, but the entire family of four could not be traced out. On 20.11.90, one female dead body was picked up from the Barak River and subsequently the said dead body was identified to be that of Kutimoni Rabidas, wife of Manik Rabidas. The other three members of the family were never traced out nor their dead bodies were found. Police registered a case being Hailakandi P. S. Case No. 724/90 and after usual investigation police submitted charge sheet against the eight accunsed persons. The Trial Court framed charges under Section 148/302/201 read with Section 141 IPC.