Decided on November 15,2018

Sagar Mura Appellant
STATE OF ASSAM Respondents


Ajit Bothakur, J. - (1.) Heard Mr. U. Choudhury, learned amicus curiae for the appellant in Crl.A.(J) 51/2017 and Mr. B. Boruah, learned amicus curiae for the appellant in Crl.A.(J) 52/2017. Also heard Ms. B. Bhuyan, learned P.P., Assam, for the respondents.
(2.) The above two appeals are directed against the judgment & order, dated 14.03.2017, passed by learned Addl. Sessions Judge, Sivasagar, in Sessions Case No. 276(S-C)2013, whereby each of the appellants is convicted and sentenced to undergo life imprisonment and to pay fine of Rs. 30,000/-, in default, to under rigorous imprisonment, for 6(six) months under Sections 302/34 of the IPC.
(3.) The appellants' case, in brief, is that, one Dipali Gogoi, wife of late Biren Gogoi, resident of village Raidingia Nakachari, under Sonari Police Station, lodged an F.I.R., on 16.06.2013, before the Officer-in-Charge of Sonari Police Station, inter alia, alleging that on 15.06.2013, at around 2.30/3.00 PM, her husband late Biren Gogoi went to his tea garden, situated at Dulakharia Habi Gaon and after some time, she came to know that her husband was chased by the appellants to kill him. To save himself from the attack of the appellants, her husband took shelter at the house of one Ram Mura, where his sister Gita Mura (PW.6), who was present at the relevant time, witnessed the appellants trying to assault Biren Gogoi with machete. Perplexed, Biren, however, fled away from her home and the appellants still kept him chasing for some distance and thereafter, killed him by assaulting with sharp weapons on all over his body. Then the appellants concealed his dead body under the waters of the river Doisolong, camouflaged by cut out bamboo groves.;

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