SOMBARU NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M.B.Barauh, learned Legal Aid Counsel for the appellant and Mr. M. Phukan, learned Addl. Public Prosecutor for the State respondent No. 1.

(2.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, Chirang, in Sessions Case No. 128(D)/2015. By the said judgment, the learned Sessions Judge convicted the present appellant along with other co-accused u/s under Sections 302/201 IPC and sentenced them to imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 201 IPC. They were also sentenced to fine of Rs. 3,000/- each and Rs.1,000/- each u/s 302 and 201 IPC respectively with default stipulation.

(3.) As per the prosecution case, on 06.11.2011, eight accused persons named in the FIR forcibly took away the mother and father of the informant, namely, Smt. Bulao Narzary and Raman Narzary respectively. Later on, they were killed by the said accused persons and buried the bodies in the cremation ground. An FIR was lodged by PW-1, Amar Narzary, on the basis of which, police registered Dhaligaon P.S. Case No. 141/2011 under Sections 143/302/201 IPC and commenced investigation. In course of investigation, the police recovered the bodies of the victims, prepared the inquest report, conducted postmortem examination, recorded the statement of the witnesses and on completion of investigation, laid charge sheet against the eight accused persons, including the present appellants. Out of the eight accused persons named in the charge sheet, one Gauri Boro was declared absconder, as his attendance could not be procured and eventually the present appellant along with other co-accused stood trial.