SUKHLAL MAJHI AND ANR Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the Judgment dated 30.03.2016 passed by learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No.65 of 2015 the appellants Sukhlal Majhi and Lakhiram Majhi have been convicted under Sec. 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life and also to pay fine of Rs.5,000.00 each, in default thereof, to suffer simple imprisonment for 6 months. They were also convicted under Sec. 201/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years each and also to pay a fine of Rs.2,000.00 each, in default thereof, to suffer simple imprisonment for 3 months. The jail sentences have been ordered to run concurrently and period of detention already undergone to be set off accordingly.

(2.) The victim of the incident was Amal Majhi, aged 17 years.

(3.) According to the prosecution case, on 10.10.2014 Amal Majhi (victim) along with two others i.e. Khagen Majhi and Sukhlal Majhi (appellant no.1) had gone to a place called Sonai Ujjan, NEEPCO to cut bamboos on daily wage basis under a contractor Abdul Latif. All three of them returned to the house of Bimal Majhi (informant and elder brother of Amal Majhi) after about a month at around 12 noon of 11.11.2014. There they shared their proceeds after which Khagen Majhi left for his house. Thereafter at around 2 P.M. Sukhlal Majhi took Amal Majhi to his house. When Amal Majhi did not return home, Bimal Majhi went to the house of Sukhlal Majhi on 18.11.2014 and enquired about his missing brother. Sukhlal Majhi could not give any convincing answer, whereafter villagers got together and put pressure on him as regards the whereabouts of Amal Majhi. On being pressurised, Sukhlal Majhi admitted to having killed Amal Majhi, leaving the body buried under the ground. Sukhlal Majhi was apprehended and handed over to the police at Srikona P.P. on 19.11.2014. Bimal Majhi lodged ejahar which was entered as Srikona P.P. G.D.E. No.284, dated 19.11.2014. The same being forwarded to the Silchar Police Station, the case was registered as Silchar P.S. Case No.2876/2014.