DHIRENDRA SARKAR ALIAS DHIREN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 10.7.96 in Sessions Case No. 46 of 1993 passed by the learned Sessions Judge, Cachar, Silchar convicting and sentencing the accused appellants under Section 148/149/302/342/201IPC sentencing the accused-appellants to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- each and in default to pay fine to undergo rigorous imprisonment for a period of one year.

(2.) A FIR was lodged at the Silchar Police Station by one Ranjit Das about the assault caused on his brother Rasamoy Das while he was returning from Kour Singh's residence at Alambag. According to informant Rasamoy Das could not be found out inspite of an extensive search. It is further alleged in the FIR that a number of persons of his village had said to him that the accused persons after having killed him removed the dead body to some other place by a truck, in the above first information report dated 23.2.91,7 persons were named. The said information was registered as Silchar P.S. Case No. 195/91 under Section 147/148/149/302/201 IPC. After investigation, police submitted charge sheet against the accused persons under the aforesaid Sections of law.

(3.) The learned trial court framed charges against the aforesaid seven accused persons U/Ss 148/149/302/342/201 of the IPC law which were read over, explained and interpreted to the accused persons, to which the accused persons pleaded not guilty and claimed to be tried.