- (1.) The order dated 01.09.2012 passed by the learned Additional Sessions Judge, Kamrup, Gauhati in Sessions Case No.60(K) of 2010 is under challenge in these criminal petitions, filed under Section 482 of the Code of Criminal Procedure, 1973 read with Section 401. By this impugned order the learned Judge has framed charges against accused Shri Ripun Bora under Section 120(B)/302 IPC and under Section 120(B)/302/34 against the two co- accused, namely Pulin Phukan and Kamal Nath. Being aggrieved with the order of framing of charges, two of the three accused persons, namely, Ripun Bora and Pulin Phukan have filed the aforesaid criminal petitions. Though the third accused Kamal Nath has appeared in the case as a respondent no separate criminal petition was filed by him, so as to challenge the impugned order.
(2.) Heard Mr. Niloy Dutta, learned senior counsel for the appellants, assisted by Mr. AM Bora, Mr. N Borah, Mr. D Gogoi, Mr. SR Boruah and Mr. S Shyam, learned counsel for the accused Pulin Phukan, Mr. AD Choudhury and Mr. PN Choudhury, learned Standing Counsel for the CBI and Mr. D Das, learned Additional Public Prosecutor for the State.
(3.) Before addressing the submissions of the learned counsel it would be just and proper to narrate the facts of the case, in brief, as to how the petitioners are being prosecuted for the offence of murder with conspiracy. 3.1 The deceased Danial Topno was a popular tea tribe leader of Assam, particularly in the district of Sonitpur. He was murdered by unknown persons in the night of 27.9.2000 on a village road. On the same night one Manik Dhara lodged an FIR. On the basis of the said FIR Gauripur Police Station Case No. 183 of 2000 under section 302 IPC was registered against the unknown persons. After initial investigation by the Assam Police the case was subsequently handed over to CID, Assam for investigation. After a detail investigation the CID submitted a charge sheet in the Court of learned SDJM, Biswanath Chariali on 30.10.2004 against two accused persons, namely, Narayan Gore and Umakanta Mizar @ Kale Mizar. The second accused, however, was shown as an absconder.;