STATE OF ASSAM Vs. BIRAJ DAS

JUDGEMENT

(1.) Heard Ms. B. Bhuyan, learned Addl. Public Prosecutor, Assam for the State-appellant and Mr. S. C. Biswas, learned counsel appearing for the respondent Nos. 1 to 3.

(2.) This appeal under Section 378 of the CrPC, is directed against the judgment and order, dated 28.06.2012, passed by the learned Addl. Sessions Judge, Fast Track Court, Bongaigaon in Sessions Case No. 68 (J) of 2008 whereby the respondents-accused have been acquitted of the charges under Section 302/201/34 IPC.

(3.) The prosecution case, in brief, is that on 15.02.2006, one Aradhan Shil, S/o Late Nirud Chandra Shil, a resident of Malegarh (Gandhi Basti) under Jogighopa P.S. lodged an FIR before the Officer-in-Charge of the said Police Station alleging that from 1.2.2006, evening, his younger brother Arun Shil was missing from his house. They made vigorous search to locate him but, he could not be traced out. Police launched investigation and in course of investigation, on 14.02.2006, evening, Police received an information that a dead body was found buried behind the farm house of respondent-accused Biraj Das, situated at Pachania Hill. On 15.02.2006, at about 12.00, noon, police recovered the dead body, in presence of Magistrate and local villagers, which he identified to be his missing younger brother Arun. It was further alleged that on the night of 01.02.2006, the respondent-accused had caused death to Arun Shil and buried his dead body behind the said farm house.