DIPAK MISRA, B.S.CHAUHAN
Birendra Das – Appellant
Versus
State of Assam – Respondent
Judgment :-
Dipak Misra, J.
The present appeal is directed against the judgment of conviction and order of sentence dated 30.8.2007 passed in Criminal Appeal No. 106 of 2005 by the Gauhati High Court affirming the verdict of conviction of the learned Sessions Judge, Karimganj in Sessions Case No. 135 of 2004 whereby the learned trial Judge had convicted the appellants under Section 302 in aid of Section 34 of the Indian Penal Code (for short “IPC”) along with another and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- each, in default to pay the fine, to suffer further imprisonment for one year.
2. The case related to the murder of a forty year old man by the name of Matilal Das in the morning of 29.9.2003 by hacking him at various parts of the body in a brutal manner with deadly weapons and the injuries sustained by him were quite serious in nature. On the date of occurrence, about 8.30 a.m., deceased Matilal Das was proceeding towards his home from his shop and at that time, the accused persons, namely, Rajan Das, Sadhan Das, Madan Das, Birendra Das, Jara Das, Bapan Das, Lakshmi Rani alias Latashi Rani and Smt. Jyotsna Das, all being
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