RAMDHAN MILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, learned Sr. Counsel assisted by Mr. B. M. Choudhury, learned Counsel for the appellants and Mr. Z. Kamar, learned P. P, Assam.

(2.) THE conviction of the appellants under Sections 302/201/34 IPC and the resultant sentence each of them to undergo imprisonment for life and to pay a fine of Rs. 3000/-, in default, to rigorous imprisonment (for short. 'r. I. ') for another 6 months for the offence under Sections 302/34 I. P. C. and sentence each of them to undergo R. I. for 3 years and to pay a fine of Rs. 2,000/-, in default to R. I. for another 3 months for the offence under Sections 201/34 IPC so imposed by the learned Ist. Addl. Sessions Judge, (Ad-hoc), Sibsagar by his judgment and order dated 24. 03. 2003 passed in Sessions Case No. 13 (S-C) 2001 are the subject matter of challenge in this Criminal Appeal preferred by the appellants.

(3.) THE prosecution case in brief is that on 30. 11. 97 the complainant Dharmeswar Mili (P. W-1) lodged an Ejahar at the Suffry police outpost under Sonari Police Station wherein the complainant alleged that in the evening on 30. 11. 97 his younger brother Bhadreswar Mili (hereinafter referred to as 'the deceased') was murdered by miscreants near the dwelling house of Dulal Ghatowar (P. W-3) of village Ranga Pathar and thereafter the dead body of the deceased was concealed by the offenders for causing disappearance of the evidence of the offence. It was also alleged by the complainant that on query he came to know that his younger brother the deceased was murdered by the accused Ramdhan Mili, Bapdhan Mili and Umeswar Darik and thereafter the dead body of the deceased was thrown into the water of the river Suffry. On receipt of the written Ejahar from the complainant, police registered a case and started investigation. During the course of investigation police forwarded 4 witnesses to the Court of law for recording their statements under Section 164 of Crp C The dead body of the deceased Bhadreswar Mili was recovered on being led by the accused persons. After completing the investigation police submitted charge-sheet against the accused persons namely Ramdhan Mili, Umesh Darik and Bapdhan Mili under Sections 201/302/34 of IPC and sent them up to stand trial under the said sections of law.