JOYRAM INGTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. M. Choudhury, learned Senior Advocate appearing on behalf of the accused appellant and Mr. B. S. Sinha, learned P.P.

(2.) This appeal is directed against the judgment and order dated 28.3.2001 passed by the Sessions Judge, Morigaon in Sessions Case No. 28/99 (GR 535/97) whereby the accused appellant was convicted u/s 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- in default further imprisonment for six months. Further, the accused appellant was convicted u/s 201 IPC and sentenced to imprisonment for seven years and to pay a fine of Rs. 1000/- in default further imprisonment for six months. Both the sentences were ordered to run concurrently.

(3.) The prosecution case in brief is that on 27.7.97, two young boys, namely- Rana Bora alias Upananda Bora and Ajoy Das who were engaged in the business of selling Pat and Muga fabrics went out from their house to Manaha area and as they did not return on 27.7.97, a missing entry was given and later on the dead bodies of the two young boys were recovered from Rouman till a and thereafter, FIR (Ext. 3) was filed naming as many as four accused persons. After usual investigation, police submitted charge sheet and the learned Sessions Judge, Morigaon framed charges against as many as seven accused persons for commission of offence u/s 302/201 IPC. During trial, prosecution examined as many as 14 witnesses and the accused appellant examined himself as DW 1 as provided u/s 315 CrPC. On conclusion of the trial, the learned Sessions Judge convicted and sentenced the accused appellant as stated above. Hence, the present appeal.