BASANTI DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment of conviction of the accused appellants under Section 302 of the IPC by the learned Sessions, Lakhimpur, North Lakhimpur, in Sessions Case No. 43(NL)/2005 is the subject matter of challenge in this appeal.

(2.) The informant of the case, Lalit Dutta, on 22.01.2003 lodged an FIR with the O/C, North Lakhimpur Police Station stating therein that some unknown persons killed his elder brother, Suren Dutta, on the previous night and his dead body was left near the gate of the house of the deceased. Police registered the FIR and on completion of investigation, submitted Charge-Sheet against the accused appellant Torit Dutta and other two accused, namely, Basanti Dutta and Satyavati Saikia under Section 302 read with Section 34 of the IPC.

(3.) The case was committed to the Court of Sessions. Charge under Sections 302/34 IPC having been framed against the accused and read over and explained to them, they pleaded not guilty. Thereafter, trial commenced. To prove the charge, the prosecution examined as many as 20 witnesses including the officials. The defence plea is of total denial.