In companyrse of the investigation, the police apprehended Pranajit, who was working as a labourer under Ashutosh and Kripesh, from District Cachar and brought him to Dharamnagar and during interrogation Pranajit disclosed that Ashutosh had been killed by the two appellants.
The trial companyrt companyvicted the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 for short the IPC and sentenced them to imprisonment for life and a fine of Rs.5000/ each and in default, to undergo further imprisonment for a period of one year.
The appellants filed Criminal Appeal No.
P.C. and on companypletion of the investigation, the police filed charge sheet against the appellants.
The statement of Pranajit was also recorded under Section 164 of the Code of Criminal Procedure, 1973 for short Cr.
The facts very briefly are that on 09.10.1998, Ashutosh took out his companys for grazing but did number return home till dusk and his companysin, Kripesh, along with others searched for Ashutosh but companyld number find him.
Pranajit was examined as PW 13 and he has stated that he had gone along with the deceased to graze companys at Nalia Tilla and the appellant number1 had dealt an axe blow on the deceased while the appellant number2 dealt a lathi blow on him.
Kripesh then lodged an FIR at the Panisagar Police Station and the police registered a case and held an inquest over the dead body of the deceased.
The appellants did number produce any evidence in their defence.
At the trial, the prosecution examined a total of 19 witnesses.
On the next day 10.10.1998 at about 8.30 a.m., he again went out looking for Ashutosh and found his dead body with injuries lying in a jungle at Nalia Tilla.
22 of 2004 before the High Court, but by the impugned judgment the High Court maintained the companyviction and sentence and dismissed the appeal.
22 of 2004.
K. PATNAIK, J. This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 08.06.2005 of the Gauhati High Court, Agartala Bench, in Criminal Appeal No.
Kripesh, the informant, was examined as PW 1, Patal, the elder brother of Pranajit, was examined as PW 2 and he stated that PW 13 had disclosed to him that the appellants assaulted the deceased by an axe and a lathi.
