SANJIT DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Cr.P.C. against the judgment and order dated 23-10-2009, passed by the learned Additional Sessions Judge (FTC) , Sivasagar, in Sessions Case No. 3 (S-S) of 2008, under Sections 304 (Part-II) of the IPC, to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Rs.2,000/-, in default, to suffer rigorous imprisonment for further period of 2 (two) months.

(2.) I have heard Mr. R Sarma, learned counsel appearing on behalf of accused-appellant, and Mr. TK Mishra, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case, as appears from the evidence on record, is that on receipt of the information from the village Headman of Garmur Mirigaon, in writing, to the effect that two unidentified dead bodies were lying on the road of Garmur Mirigaon. Bihubor Police Outpost entered the same in the General Diary and initiated preliminary investigation. Thereafter, the SI of Police of Bihubor Police Outpost, Sri Jatindra Nath Gogoi, lodged an FIR with the Simalaguri Police Station to the effect that Md. Supiter Ali, Mazzan Ali and Raju Bodo were on their way back to home, after enjoying cinema at Santak Tea Estate, were killed by some unknown persons with sharp weapon. On the basis of the FIR, Simalaguri Police Station registered a case, being Simalaguri Police Station Case No. 81/2005, under Sections 302/34 of the IPC.