SRIMANTA HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. M. Mazumdar, learned counsel appearing for the appellants. Also heard Mr. K. A. Mazumdar, learned Public Prosecutor, who represents the State.

(2.) THIS appeal is filed to challenge the judgment and order dated 2. 8. 08 in Sessions Case No. 50 (K)/04 passed by the learned Addl. Sessions judge (F. T. C. No. 4), Kamrup, Guwahati whereby the 4 appellants herein have been found guilty of offence under section 302/34 of the I. P. C. and have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/- and in default, to undergo rigorous imprisonment for another 6 months, on the basis of such conviction.

(3.) IT may be recorded at the outset that, the Sessions Case No. 50 (K)/04 was initially disposed of by judgment dated 15. 9. 04, whereby the appellants were convicted for murder and were sentenced to suffer life imprisonment and also to pay a fine of rs. 5,000/- each, in default to suffer additional simple imprisonment of 1 year. The appellants challenged the learned Sessions Court's judgment dated 15. 9. 04 in Criminal Appeal 46/05 before this Court and by order dated 6. 5. 08, the case was remanded back to the court of Sessions for a fresh decision, with the direction to bring on record, the evidence of Dr. P. C. Sarmah, who conducted the postmortem Examination on the deceased ratneswar Kalita. This Court in its remand order dated 6. 5. 2008, also directed re-examination of P. W. 2, Kaman Kalita @ Kamal kalita. On such remand, the learned Trial Court recorded the evidence of Dr. P. C. Sarmah as p. W. 10 and also re-examined the P. W. 2 kaman Kalita. Thereafter the impugned judgment of conviction and sentence have been ordered, by noticing the fresh evidence brought on record.