MANJIL BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The two appellants Manjil Boruah @ Manjil Baruah and Deha Saikia @ Prabodh Saikia have been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine and default stipulations.

(2.) The victim of the incident was Pradip Borthakur.

(3.) On 26.09.2010 an ejahar was lodged by Tarun Borthakur (PW1), who is the elder brother of the deceased Pradip Borthakur, before the Narayanpur Police Outpost alleging that on 24.09.2010 at around 9 p.m. the members of the deceased's family found Pradip dead in a pond. The police arrived on being informed and when they interrogated the daughter of the deceased Pradip during investigation, they came to learn that the appellants along with the wife of the deceased were involved in the incident and that they had killed Pradip. It was also stated that police had recovered two daos used in the incident. On the basis of the said ejahar, a case was registered as Bihpuria P.S. Case No. 346/2010 under Section 302/34 IPC. Investigation commenced, post-mortem was conducted, necessary memos were drawn and statements of witnesses were recorded, more particularly that of Gyanashri Borthakur (PW9), being the daughter of the deceased and one of the co-accused Rani Borthakur, both under Section 161 and Section 164 Cr.P.C. Upon completion of investigation, charge-sheet was filed against all the three accused-persons and the case was committed to trial.