BHAITI BHUYAN AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Baruah, learned Amicus Curiae, appearing for the appellants. Also heard Ms. S. Jahan, learned Addl. P.P., Assam, appearing for the state respondent. This appeal, from jail, is directed against the judgment and order dated 16.12.2011 passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 38(JJ)/2009. By the impugned judgment and order, the learned Session Judge convicted the appellants under sections 302/34 IPC and sentenced them to suffer imprisonment for life and pay fine of Rs. 1,000/- each in default suffer simple imprisonment for another period of one month.

(2.) Aggrieved by the said conviction and sentence the convicted persons, as appellants, have come up with this appeal.

(3.) Ms. P. Baruah, learned Amicus Curiae, appearing for the appellants has submitted that except the evidence of P.W. 2, who being the son of the deceased was an interested witness, there is no other substantive evidence against the appellant. It is also submitted that there is no corroboration in the evidence of P.W. 2 and that the learned Sessions Judge committed error by recording the conviction and sentence against the appellants, without sufficient convincing evidence. It is also submitted that there are contradictions regarding finding of the dead body. The learned amicus curiae has submitted that the prosecution failed to prove the case against the appellants beyond all reasonable doubt and that learned Sessions Judge committed error by holding the appellants guilty of the offence under Section 302/34 IPC.