NANDESWAR SONOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appeal is from jail. On conclusion of trial in Sessions Case No. 86(J-J)/1995, the: learned Sessions Judge, Jorhat convicted the accused persons under Section 302/149/148 IPC. Consequently, they were sentenced to imprisonment for life and to pay a fine cf Rs.500/- under Section 302/149 1PC and further rigorous imprisonment for two yeans each under Section 148 IPC.

(2.) The police initiated investigation on receipt of an ej ahar on 2.11.1992 to the effect that on 1.11.1992 at around 6 p.m. Sri Linus Lagun, father of the complainant was assaulted by the accused Tanu Sonowal while he was returning home from the house of Rontu Baruah. Li'-,us sustained grievous injury and was left at the road. Paulus, brother of the complainant, came home and reported about the matter. Thereafter, the complainant along with Paulus, Nihal Muguri and Urmanush Kashyap went to the place of occurrence;. On their arrival they were attacked by Bagi Sonowal and other named accused persons with lathi, iron pipe etc. They sustained injuries and Urbanusbh Kashyap succumbed to the injuries. On conclusion of investigation, the police submitted charge sheet against all the appellants, seven in number. Eventually charge was framed by the learned Sessions Judge and on conclusion of trial convicted and sentenced them as aforesaid.

(3.) We have heard Mr A. Thakur, teamed counsel for the appellant and also Mr B. Choudhury, learned Public Prosecutor, Assam,