SUBEN MARADI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10. 6. 2003 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 11/2001 convicting the accused-appellants under Section 302/201, IPC and sentencing them to undergo rigorous imprisonment for life with a fine of Rs. 1,000/- each, in default to undergo R. I. for another one month.

(2.) THE prosecution case arose out of an FIR lodged by Amulya Deka, PW 5 on 30. 7. 1997 with reference to G. D. entry No. 659 dated 29. 7. 1997 alleging that after due enquiry, he came to know that in the month of March, on certain Monday, by night, the appellants alongwith other accused persons killed one Rajen Baraik and burried his dead body within the house compound of accused Chandro Pator. During investigation, the accused persons unearthed the dead body in presence of police and some local people. One Raju Baraik, the elder brother of the deceased tried to conceal the whole occurrence taking Rs. 3,600/- from the accused persons. One Fekal Paharia, PW-1, was the eye-witness to the occurrence.

(3.) AFTER completion of investigation, the police submitted charge-sheet against the appellants and 3 (three) others for offence punishable under Sections 302/201/34, IPC. During committal proceedings, the accused Chandro Pator expired. The case was committed to the Court of Sessions, Morigaon for trial and charges under Sections 302/34, IPC were framed against the appellants, which on being read over and explained to them, pleaded not guilty and claimed to stand trial.