SRI JALATKAR MODI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The three appellants, namely, Jalatkar Modi, Anil Modi and Mahesh Modi have jointly preferred this appeal challenging their conviction under Sections 302/324/34 of the Indian Penal Code by judgment and order dated 19.06.2013 in Sessions Case No.155/2010 of the Court of learned Sessions Judge at Dibrugarh. They have been convicted under Sections 302/324/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 1000.00 each, in default to suffer simple imprisonment for one month.

(2.) The prosecution story is that one Smt. Ganga Tamang lodged an ejahar with Rajgarh Police Outpost of Tingkhong Police Station on 01.08.2010 informing that on the previous night at around 8.30/9.00 p.m. when her husband Dilip Tamang was going for cremating a dead body along with one Budhiman Tamang, Jalat Modi killed both of them on the road near Diroi River with sharp weapon. Rajgarh Outpost G.D. Entry No.9 dated 01.08.2010 was accordingly registered at 2.00 p.m. and the same was forwarded to Tinkhong Police Station whereupon Tingkhong Police Station Case No.97/2010 under Sec. 302 of the Indian Penal Code was registered on the same day and police started investigation.

(3.) Police recovered the two dead bodies and sent them for post mortem examination. The statements of the witnesses were also recorded and thereafter police filed charge sheet against all the three accused persons. On being committed to Sessions vide order dated 10.11.2010 by the learned Sub-Divisional Judicial Magistrate(S), Dibrugarh, Sessions Case No.155/2010 was registered and learned Sessions Judge framed charge under Sec. 302 read with Sec. 34 of the Indian Penal Code against all the three accused persons. They pleaded not guilty and claimed to be tried.