AWADESH CHOUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.I. Uddin, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P., Assam assisted by Ms. R. Das, learned counsel appearing for the State.

(2.) This appeal has been filed by the 3 appellants, who have been convicted under Ss. 302/201/34 of the IPC, vide judgment dtd. 11/11/2022, passed by the learned Sessions Judge, Karbi Anglong, Diphu, in Sessions Case No.72/2009 and sentenced to undergo life imprisonment with a fine of Rs.10,000.00 each, in default, to undergo rigorous imprisonment for 1 year each under Ss. 302/34 of the IPC. They were also sentenced to undergo rigorous imprisonment for a period of 7 years each under Ss. 201/34 of the IPC with fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for 1 year each.

(3.) The brief facts of the case is that an FIR dtd. 18/2/2007 had been submitted by one Rameswar Chouhan who died before giving his testimony in the learned Trial Court, to the effect that his younger brother, Sri Rakesh Chouhan went missing from his house around 9 PM on 14/2/2007. The ejahar was submitted at Borlangphar P.P. Thereafter, the dead body of missing Rakesh Chouhan was found in the pond of Late Sudama Chouhan at about 11:45 AM on 18/2/2007. As a muffler was found around the neck of Rakesh Chouhan, it was suspected that he had been strangulated to death with the muffler. The FIR gave the names of the seven suspected persons, who could have been involved in the death of the deceased. The suspected persons included the present three appellants, namely Awadesh Chouhan (appellant no.1), Munna Khan (appellant no.2) and Saturi Chouhan (appellant no.3). The appellant no.1 is the son of the appellant no. 3.