KAMESWAR BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these criminal appeals from jail are directed against the judgement and order dated 13.02.2017 passed by the learned Additional Sessions Judge, Golaghat in sessions case No. 2/2016, convicting the appellants under Section 302/34 of the Indian Penal Code (IPC) and sentencing them to undergo rigorous imprisonment for life and also to pay fine of Rs. 1000/- each and in default, to undergo simple imprisonment for two months each.

(2.) We have heard Mr. L. Gogoi, learned Amicus Curiae, appearing for the appellant in Crl. Appl (J) 22/2017 and Mr. T.R. Sarma, learned Amicus Curiae, appearing for the appellant in Crl. A. (J) 23/2017. Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, has represented the State in both these appeals.

(3.) The appellants in both these appeals are related to each other as husband and wife. The prosecution case, as unfolded during the course of trial, is that on 22.08.2015, at about 3 p.m., the accused persons had assaulted the deceased on his head with a stick as a result of which, the victim had sustained grievous injuries. The victim was then taken to the Golaghat Civil Hospital and from there, to the Jorhat Medical College and Hospital where the doctors had referred him to the Guwahati Medical College and Hospital (GMCH) for better treatment. However, due to financial constraints, the victim could not be taken to the GMCH but was brought back home. Later on, he had succumbed to his injuries.