MONI NEOG Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 27-8-2003, passed in Sessions Case No. 287(K) 01, the learned Sessions Judge No. 2 (ad-hoc), Kamrup, Guwahati, has convicted the two accused-appellants, namely, Moni Neog and Kanaya Hazarika, under S. 364 read with S. 34 of the Indian Penal Code and has sentenced them to suffer imprisonment for life and pay fine of Rs. 2,000/- each and, in default of payment of fine, to undergo rigorous imprisonment for a further period of six months.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows :

(3.) During trial, both the accused appellants pleaded not guilty to the charge framed against them under Section 364 read with Section 34 IPC. In support of their case, prosecution examined as many as 31 witnesses including the Investigating Officer. Both the accused appellants, Moni Neog and Kanaya Hazarika, were examined under Section 313 Cr. P. C. and in their examination aforementioned, they denied that they had committed the offence alleged to have been committed by them, the case of the defence being that of total denial. Accused Moni Neog even denied that he knew Chandan Doley and/or that he was associated with ULFA. Accused Kanaya Hazarika also denied that he was, in any way, involved in the alleged abduction or disappearance of Sanjoy Ghose and/or Chandan Doley and/or that he was a member of the said banned militant outfit. No evidence was, however, adduced by the defence. The learned trial Court found both the accused aforementioned guilty of the offence charged with, it convicted them accordingly and passed sentence against them as already mentioned hereinabove. Aggrieved by their conviction and also the sentence passed against them, the two accused have preferred the present appeal.