AKANTI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.J. Saikia, learned counsel appearing for the appellants in Criminal appeal No. 75/2018. We have also heard Mr. U. Choudhury, learned Amicus Curiae appearing for the appellant in Criminal Appeal (J) No. 22/2018. Ms. B. Bhuyan, learned APP, Assam, has appeared on behalf of the State/respondent No. 1 in both the appeals. None has appeared for the respondent No. 2/informant.

(2.) These appeals are directed against the common judgment and order dtd. 16/12/2017 passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 19 (J-J)/2015, convicting the three appellants under Sec. 302/34 of the Indian Penal Code (IPC) and sentencing them to undergo rigorous imprisonment for life and also to pay fine of Rs.20,000.00 each with default stipulation. As such, we propose to dispose of both the appeals by this common judgment and order.

(3.) The prosecution story, in a nutshell, is to the effect that on 20/12/2014 during the evening hours, an altercation took place in between the accused persons, viz. (1) Sri Prasanta Das @ Sarupai, (2) Sri Akanti Das @ Dipak and (3) Sri Makhan Das on one hand and the victim Debojit Das on the other. At that time, accused Prasanta Das had dealt dagger blows on the vital part of the of the deceased, as a result of which, the victim was grievously injured. The victim Debojit Das was rushed to the Jorhat Medical College and Hospital (JMCH) for treatment, but the doctors declared him brought dead.