A.K.GOSWAMI, PARAN KUMAR PHUKAN
Baba Kalita & 3 Ors. , S/o Late Hanga Kalita – Appellant
Versus
State of Assam – Respondent
Paran Kumar Phukan, J.
Under assailment in these two appeals is the judgment and order dated 29.04.2009 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 81(JJ) of 2006 convicting the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life and to pay fine or Rs. 5,000/- each, in default SI for 2 (two) months. Initially, an appeal from jail was preferred and Ms. B. Choudhury was appointed as Amicus Curiae. Subsequently, an appeal also come to be filed through Ms. R.B. Bora as a Legal Aid Counsel.
2. On the FIR dated 25.02.2004 filed by the informant Smt. Aaiti Kalita with the O.C., Teok Police Station alleging involvement of the appellants in the commission of murder of her husband and son while they were ploughing over their land situated at Jajhimukh, Kumar Gaon, a case under Section 302/34 of the Indian Penal Code was registered and after completion of investigation charge sheet was submitted against the appellants under the said Sections.
3. To prove the charge, the prosecution examined as many as 20 witnesses during the trial which commenced before the learned Sessions Judge, Jorhat
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