A. K. Mathur, J. - (1.) Leave granted in S.L.P.(Crl) No.1169 of 2006.
(2.) These appeals are directed against the Judgment and Order dated 2.4.2005 passed by learned Single Judge of the Gauhati High Court ( High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh) whereby learned Single Judge has dismissed the appeals of the accused persons and confirmed the conviction and sentence of the accused persons.
(3.) Brief facts giving rise to these appeals are that on 8.6.1991, Smt. Rani Begum lodged a first information report that her husband, Rehmat Ali went out of the house around 8.00 a.m. for fishing and around 11.00 a.m. she was informed by Mina Begum that her husband had been killed by accused Manik Keot, Brajanath Kurmi and Jaharlal Kurmi and the dead body was packed into a gunny bag and thrown into a river. The police registered a case and during investigation the dead body was recovered from the river and thereafter it was sent for post-mortem examination. On completion of investigation, a case was registered against the accused persons under Sections 147, 302, 201 of the Indian Penal Code read with Section 149 of the Indian Penal Code (for short, I.P.C.). On completion of trial, learned Sessions Judge recorded conviction under Sections 147, 149, 304 Part II and 201, I.P.C. against the accused persons and sentenced them to suffer rigorous imprisonment for six years and to pay a fine of Rs.2000/- each, in default to suffer further imprisonment for two years. The trial Court found that it was not necessary to record any separate sentence under Sections 147/149/201, I.P.C. and sentenced the accused persons under Section 304, Part II, I.P.C. only as it was observed that it was sufficient to meet the ends of justice. Aggrieved against this order a joint appeal was filed before the High Court. Learned Single Judge of the High Court confirmed the conviction and sentence of the accused appellants.;