(1.) Heard Mr. P.P. Baruah, learned Public Prosecutor, Assam for and on behalf of the petitioners and Mr. S. Borthakur, learned counsel appearing for and on behalf of the respondent No.1 in Crl. Petition No.60/2019 and Mr. B.K. Das, learned counsel appearing for and on behalf of the respondent No.1 in Crl. Petition No.58/2019 as well as Mr. A.K. Bhuyan, learned counsel appearing for and on behalf of respondent No.2 in both the cases.
(2.) Both the petitions are taken up together for hearing and disposal as it relates to common order and subject.
(3.) On the basis of the FIR filed by respondent No.2 Pradip Kumar Sarma on 10.10.2018, Hajo P.S. Case No.802/2018, u/s.302 IPC read with Section 25(1)(a)/27 of the Arms Act was registered and is under investigation. So far as the allegation in the FIR, it reveals that on 09.10.2018, while the wife of the respondent No.2, namely Junu Sarma who was the Service Manager at State Bank of India, Dadara Branch, was returning from her duty in her own car, she was shot by some unidentified gunmen riding on a bike at Agiathuri near Dadara at about 7 to 7:15 P.M. She was immediately shifted to Narayana Super Specialty Hospital, wherein she succumbed to her injuries. During the investigation, large number of witnesses were examined by the I.O. and the accused Arup Das @ Bikram and Ajanta Kalita (respondents herein) were arrested along with other accused persons on 23.11.2018, having found sufficient evidence against them. The I.O. submitted charge sheet within the stipulated period of 90 days on 08.01.2019, against four accused persons including the present respondents and further investigation u/s.173(8) CrPC is still going on with a view to submit supplementary charge sheet.