BIPIN DIHINGIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) CRIMINAL Appeal No. 405/02 and Criminal Appeal No. 5/03 have arisen out of Sessions Case No. 9 (S-S)/2001 whereby the Addl. Sessions Judge No. 2 at Sibsagar by the Impugned Judgment dated 01. 10. 02 convicted the three accused appellants U/s 302 r/w Section 34 IPC and sentenced each of them to imprisonment for life and to pay a fine of Rs. 5000/- each, in default, further imprisonment for 1 year each.

(2.) CRL. Appl. No. 405/02 has been preferred by the accused appellants Bipin Dihingia and Hemanta Arandhara as well as the Crl. Appl. No. 5/03 has been filed by the other accused Jiba Gogoi.

(3.) ON 30th July, 1995, Chandreswar Hatimuria (PW2) lodged a written FIR (Ext. 2) to the effect that on the previous day around 5 P. M. while his son-in-law Biren Phukan was cutting an "ou Tenga" tree, the three accused appellants (named in the FIR) assaulted him and killed him by hitting him with dao, spear etc. Police made investigation and submitted charge sheet against the accused persons and during trial prosecution examined as many as 11 witnesses. Defence has not adduced any evidence.