BHAITY SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE two criminal appeals have been preferred by three accused persons, namely Bhaity Saikia (Crl. Appeal No. 332/2002), Indra Saikia and Bihua Saikia (Crl. Appeal No. 349 (J)/2002), challenging the legality and validity of the judgment of conviction rendered by the learned Sessions Judge, Golaghat in Sessions Case No. 19 of 2002 whereby and whereunder the appellants herein were found guilty of having committed an offence punishable under Sections 302/34 of the Indian Penal Code, 1860 (IPC for short) and each was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo R. I. for another 2 (two) months. The appellants were further convicted for offence punishable under Sections 447/34 of IPC and each was sentenced to undergo R. I. for 1 (one) month making it clear that the sentences under the sections as mentioned above would run concurrently.

(2.) BOTH the appeals being directed against the same judgment as indicated hereinabove, the appeals were heard analogously and disposed of by this common judgment.

(3.) THE prosecution version as unfolded during trial is as follows :-The complainant Lakhi Gogi, PW-1 lodged an FIR on 22. 9. 99 with the Officer-in-Charge (O/c for short), Naojan Police Outpost contending inter-alia that his father Tankeswar Gogoi returned home around 1:00 a. m. on 20. 9. 99 after attending the birth anniversary celebration of Shri Shri Shankar Deva at the Namghar and after reaching home his father lay asleep on a bench in the courtyard, whereupon the accused persons came armed with weapons viz. dao, khukri, dagger etc. and assaulted him on various parts of his body and killed him by cutting his genital organs. The FIR further disclosed that the accused had also assaulted his mother (PW-2) and his younger sister (PW-6) and injured them seriously and the accused had threatened to finish all the members of his family. Six accused named in the FIR are :-