PURNA KANTA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. Devi, learned counsel appearing for and on behalf of the appellants and Mr. D. Das, learned Additional Public Prosecutor, Assam, for the respondent State.

(2.) Both the appellants were convicted in Sessions Case No.64(JJ)/2008 under Sec. 306 Penal Code and sentenced to rigorous imprisonment for 3 years and to pay fine of Rs.5,000.00 each, in default further rigorous imprisonment for 6 months each, vide judgment and order dated 21.06.2010 passed by the learned Sessions Judge, Jorhat.

(3.) According to the appellants, they were not associated with the offence alleged and even the evidence on record is not sufficient to implicate them whereas the deceased committed suicide. It is contended that there is dearth of evidence to connect the accused-appellants with the offence alleged, but the learned trial court has convicted them only on surmises and conjectures instead of positive evidence.