RAMESH VERMA @ RAMESH PROZA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by learned Sessions Judge No. 2(FTC), Tinsukia in Sessions Case No.130(T)/2012. By the said judgment, learned Sessions Judge convicted the appellants under Sections 302/34 IPC and sentenced them to rigorous imprisonment for life and fine of Rs. 5,000/- (Rupees five thousand only) each with default stipulation.

(2.) As per prosecution case, Smti. Dipali Mallah, wife of Jugesh Mallah was missing since 4 pm of 05-12-2011. Suspecting involvement of the deceased husband of the informant in the disappearance of Dipali Malla, appellant Jugesh Mallah along with his co-villagers Bhagat Sahani, Sukhi Shah, Kutu Das, Amal Das, Prafulla Das, Raju Das and 6/7 others being armed with dao, stick etc. came to the house of the informant at about 10 pm and took the husband of the informant to a field near the house of one Bhagatji and mounted assault on him. After inflicting multiple injuries, the accused persons left the victim in his house at about 2 am. They also threatened the informant with dire consequences, if she informs the police. At about 5 am in the morning on 06-12-2011, the husband of the informant died and an FIR (Ext.-7) was lodged by PW-2, wife of the victim. On the basis of the said FIR, police registered Tinsukia PS Case No. 752/2011 under Sections 302/34 IPC, prepared the inquest report and subjected the body to post mortem examination.

(3.) Pw-1, Dr. Jayanta Bhattacharjee, who conducted the post mortem examination on the body of the victim found the following injuries :