GURNAM SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals arise out of the same JUDGMENT & ORDER of conviction dated 23.2.95 passed by the Additional Sessions Judge, Dhubri in Sessions Case No. 67/92, thereby holding the appellants guilty of offence punishable under Sections 302/34 IPC and sentencing them to undergo imprisonment for life with fine of Rs. 5,000/- or in default or payment of fine to suffer six month's R.I. Aggrieved by the said conviction and sentence, each accused has preferred his separate appeal. They have been heard together and disposed of this judgment.

(2.) Gurudwara Guru Teg Bahadur Sahib, Dhubri is situated at a distance of a kilometre and half from the Dhubri Police Station. The deceased Surjeet Singth was the Manager of the Gurudwara, while there were several other employees 'Sevadars' (as they are called) including the appellants. The Manager was provided separate accommodation for his residence, in the Gurudwara itself, but at times he used to occupy the room reserved for the President of the Gurudwara.

(3.) On the fateful day, i.e. 18th of May, 1990, the deceased was sleeping in the President's room. On 19th the following written report, Ext. 1 was lodged by the Joint Secretary of the Gunudwara, P.W.-l.