MOTILAL GORH @ LITY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.Islam, learned counsel for the appellants and Mr. M. Phukan, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and order dated 22-07-2016 passed by the learned Addl. Sessions Judge (FTC), Tinsukia in Sessions Case No.251(M)/2014. By the said judgment, the learned Addl. Sessions Judge convicted the appellants under section 302 IPC and sentenced them to imprisonment for life and fine of Rs.30,000/- each with default stipulation.

(3.) According to prosecution, on 30-07-2014 at about 10 pm, the appellant Motilal Garh @ Lity killed the deceased Sonam Sherpa by hacking him with a dao and left the body in a cultivation field. Nima Sherpa (PW-1), brother of the deceased lodged the FIR (Ext.-7), on the basis of which, police registered Margherita PS Case No. 186/2014 under sections 302/34 IPC and commenced investigation. In course of investigation, police recorded the statement of the witnesses, prepared inquest report and sent the body for post mortem examination.