BHIM TURI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P Bora, learned counsel for the appellants and Ms. B Bhuyan, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 10.12.2012, passed by the learned Sessions Judge, Sivasagar in Sessions Case No.35(S-S)2007, convicting the appellants under sections 302/201/34 of the Indian Penal Code (IPC) and sentencing them to imprisonment for life and to pay a fine of Rs.5,000.00 each with a default clause for the offence under sections 302/34 IPC and rigorous imprisonment for 3 years with fine of Rs.1,000.00 each with a default clause for the offence under sections 201/34 IPC; both the sentences to run concurrently.

(3.) One Sri Mithun Turi, son of Lt. Pinpina Turi lodged a first information on 20.11.2005 before the Officer-in-Charge, Demow Police Station, stating that at around 03.30 p.m. on that day, Sri Bhim Turi and his two sons, viz, Bharat Turi and Jagu Turi came to the house of the informant and attacked them with dao/lathi etc. The aforesaid accused persons attacked his father-Pinpina Turi with sharp weapons, which were in their hands by saying that he was rearing a witch and that he had finished his two sons. Because of the assault, father of the informant, Pinpina Turi sustained grievous injuries on various parts of his body. Thereafter, the accused persons dragged the father of the informant towards their house. After killing him, they buried his dead body in their enclosed yard. Informant further stated that in addition to the above named accused-persons, another local resident, Sri Manglu Mirdha, was involved in the commission of the murder of informant s father. It was further stated that after burying his father, the accused persons had killed Smti. Golapi Bhumij, a local resident, with a sharp weapon saying that she had taught the informant s father the practice of witchcraft.