PUTUL DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order, dated 28.02.2018, in Sessions Case No. 169(S-S)/2009, passed by the learned Additional Sessions Judge, Sivasagar, convicting and sentencing them to life imprisonment with a fine of Rs 30,000/- each under Sections 302/34 of the IPC and in default of payment of fine, rigorous imprisonment for 6 (six) months, imprisonment for 10 (ten) years with a fine of Rs. 25,000/- each under Sections 307/34 of the IPC and in default of payment of fine, rigorous imprisonment for 4 (four) months, imprisonment for 7 (seven) years with a fine of Rs. 20,000/- each under Sections 326/34 of the IPC and in default of payment of fine, rigorous imprisonment for 3 (three) month and imprisonment for 5 (five) years with a fine of Rs. 10,000/- each under Sections 457/34 of the IPC and in default of payment of fine, rigorous imprisonment for 3 (three) months each. All the aforesaid sentences were ordered to run concurrently.

(2.) The prosecution case, as gathered from the materials on record, is that on 03.11.2003, at about 11:00 11:30 p.m., the appellant Putul Dutta (herein after referred to as the A-1) entered into a Pharmacy viz "Poly Drug House" situated in the campus of Sivasagar Civil Hospital and hacked Manash Dutta and Diganta Dihingia, who were the employees of Poly Drug House. The injured Manash Dutta and Diganta Dihingia were treated at AMCH, Dibrugarh after initial treatment at the Civil Hospital situated at Joysagar, Sivasagar. The injured Manash Dutta died while under treatment in the AMCH, Dibrugarh. The injured Diganta Dihingia also sustained cut injuries on various parts of his body and even his right middle finger got amputated. The A-1 hacked both the injured due to which the aforesaid Manash Dutta died. The appellant Monoranjan Dutta (hereinafter referred to as the A-2) also participated in the occurrence.

(3.) On receipt of the FIR lodged by Mridul Ch. Dutta (PW1), the owner of the aforesaid Poly Drug House, through the Jaysagar Police Outpost, the Sivasagar Police Station registered Case No. 404/2003 and on completion of investigation, laid charge-sheet against both the appellants under Sections 457/326/307/302/34 of the IPC. The appellants pleaded innocence to the charges under Sections 457/326/307/302/34 of the IPC.