DIPAK NAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.J. Das, learned Amicus Curiae in Crl. A. (J) 39/2019 and Dr. B.N. Gogoi, learned amicus curiae in Crl. A. (J) 40/2019 for the appellants and Mr. M. Phukan, learned Addl. P.P., Assam for the respondents State.

(2.) Both the jail appeal arose out of the judgment and order dated 10.12.2018 rendered by the learned Sessions Judge, Karbi Anglong in Sessions Case No. 48/2015. By the said judgment, the appellants were convicted under Section 302 IPC R/W Section 34 IPC and each of them was sentenced to rigorous imprisonment for life and fine of Rs. 2000/-, in default, to simple imprisonment for three months.

(3.) The case of the prosecution in brief was that on 16.06.2014, Debaru Juria (since deceased) went to pay visit to the house of Sanjib Topno along with Sri Bishal Porja, where the appellants Dipak Naik, Karia Juria and Babul Juria assaulted the deceased Debaru Juria and his friend Bishal Porja and thereby caused injuries to them. Initially both the injured persons went to Bokajan hospital for treatment, where from they were discharged after providing primary treatment and they came back home. However, on 29.03.2014, the health condition of Debaru Juria deteriorated and as such he was admitted in Bokajan Civil Hospital, where he succumbed to the injuries on the same day at about 10 AM. After the death of the deceased Debaru Juria, an FIR was lodged by his younger brother, on the basis of which, police registered Khatkhati P.S. Case No. 23/2014 under Section 302/34 IPC and eventually submitted charge sheet against the present appellants, upon completion of the investigation.