SATYENDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by the seven appellants is against the judgment and order dated 24.6.2003 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 53/2000. By the aforesaid order, the accused-appellants while being acquitted of the charge under Sections 323/365/34 IPC, have been convicted under Sections 302/34 IPC. On such conviction, each of the accused-appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 3000/- each, in default, to undergo rigorous imprisonment for three months more.

(2.) The short case of the prosecution is that one Smt. Mira Bala Devi (PW 1) had lodged a FIR before the Officer-in-Charge, Barpeta Police Station on 29.4.95 at about 10.05 a.m. alleging that the accused-appellants had caused the death of her son, Banjit Das, and further that the accused-appellants had abducted one Pranjit Das and had caused injuries to the said person.

(3.) On receipt of the aforesaid FIR, Barpeta P.S. Case No. 271/95 under Sections 147/364/325/302 IPC was registered. In the course of the investigation, the police visited the place of occurrence; drew up a sketch map of the same and recorded the statements of a large number of persons under Section 161 CrPC. The police had also seized a blood stained shirt and a knife after preparing the seizure list which was signed by independent witnesses. Inquest was held on the dead body of deceased Banjit Das and the same was also sent for post mortem examination to the Barpeta Civil Hospital. On receipt of the report of the post mortem examination and upon completion of the investigation, the police submitted chargesheet against all the accused-appellants under Sections 147/365/325/302 IPC.