CHITRASEN GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 30-8-1995 passed by the learned Additional Sessions Judge, Sonitpur in Sessions Case No. 35(S)/94 whereby learned Addl. Sessions Judge convicted the appellants under Section 302 read with Section 34 of IPC and sentenced them thereunder to undergo RI for life and also to pay a fine of Rs. 5,000/- each in default of which they are to suffer RI for another one year.

(2.) We have heard Mr. S. C. Biswas, the learned counsel appearing on behalf of the appellants and Mr. D. Goswami, the learned Public Prosecutor.

(3.) The prosecution case which has given rise to this appeal is that the deceased Raju Nayak had a love affair with the sister of the appellants and on the date of occurrence viz. 15-11-1993 the deceased took the sister, namely, Smt Bulu Goala (P.W. 4) to his own house. The appellants and some other relations of Bulu came to know that Bulu was detained by the deceased in his house and on receipt of the information the appellants with their father and some others went to the house of deceased around 12 O'clock at night and by force they dragged both the deceased and Bulu to their house. It was also alleged that while dragging away the appellants and others who accompanied them assaulted the deceased. On the following day the dead body of the deceased having been found in the courtyard of the house of the appellants one Nirakar, the younger brother of the informant Niranjan Nayak passed the information to P.W. 1 Niranjan Nayak, the informant that the dead body of Raju was lying on the courtyard of the house of the appellants.