AJIT BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Sarania, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 1.11.2006 passed by the learned Additional Sessions Judge, Lakhimpur in Sessions Case No. 113(NL)/2002, convicting the appellant under Sec. 380 Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs. 1000.00, in default, to undergo rigorous imprisonment for another six months.

(3.) The appellant, on the intervening night of 10.9.1995 and 11.9.1995, was a Home Guard and was assigned duty in the residence of one Biseswar Bora. There were three other Home Guards, namely Aku Orang, Rupeswar Bora, Lilakanta Sonwal, besides one Lance Nayak Bhadram Konwar, who was the In-charge.