BABA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) UNDER assailment in these two appeals is the judgment and order dated 29.04.2009 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 81(JJ) of 2006 convicting the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life and to pay fine or Rs. 5,000/- each, in default SI for 2 (two) months. Initially, an appeal from jail was preferred and Ms. B. Choudhury was appointed as Amicus Curiae. Subsequently, an appeal also came to be filed through Ms. R.B. Bora as a Legal Aid Counsel.

(2.) ON the FIR dated 25.02.2004 filed by the informant Smt. Aaiti Kalita with the O.C., Teok Police Station alleging involvement of the appellants in the commission of murder of her husband and son while they were ploughing over their land situated at Jajhimukh, Kumar Gaon, a case under Section 302/34 of the Indian Penal Code was registered and after completion of investigation charge sheet was submitted against the appellants under the said Sections.

(3.) TO prove the charge, the prosecution examined as many as 20 witnesses during the trial which commenced before the learned Sessions Judge, Jorhat after committal. In their defence statements, the accused appellants denied having committed the crime and according to them, they saw the injured persons lying in the field and took them to hospital for treatment. The learned Sessions Judge, relying on the evidence on record convicted the accused appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them accordingly as stated above.