DIPAK BORAH AND ANR. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Jorhat in Sessions Case No. 83(J -J)/96. The judgment was delivered on 7.8.1999 convicting both the appellants under Section 302 read with Section 34 of the Indian Penal Code for causing death of Budhin Hazarika on 29th February, 1996 and sentencing both of them to imprisonment for life with fine of Rs.500, in default Rigorous Imprisonment for one month each.

(2.) BEING aggrieved of the aforesaid judgment, this appeal has been preferred challenging the propriety and legality of the judgment on the ground that the statement of the witnesses regarding dying declaration are not sufficient enough to lead to the conviction of the appellants and that the provisions of Section 34 IPC have been wrongly invoked since there is no specific evidence as to the part played by each of the appellants.

(3.) IT would appear that on 29th February, 1996 Shri Putul Ch. Hazarika lodged an ejahar before the Officer -in -charge, Jorhat Police Station wherein it has been specifically stated that the deceased before his death told the co -villagers that Shri Ganesh Kakoti and Shri Deepak Bora, the appellants had assaulted him.