BIJU KR DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel Mr. B. M. Choudhury appearing for the appellants and the learned Additional Public Prosecutor Mr. M. Phukan appearing for the State respondent. Also heard Mr. B. Chanda, learned counsel for the respondent No. 2.

(2.) This appeal is directed against the judgment and order dated 27.08.2018 rendered by the learned Additional District & Sessions Judge, (FTC) Hojai, Sankardev Nagar, whereby the appellants were convicted under Sections 294/302/34 of the IPC and sentenced to imprisonment for life with fine of Rs. 10,000/- each, in default simple imprisonment for 3 (three) months.

(3.) The case of the prosecution, in a nutshell, is that on 12.11.2015, a cultural function was going on at Pub-Dhoniram Pathar on the occasion of Kali Puja. Suddenly, the appellants armed with 'khukuri' and sword ascended to the stage and tried to disrupt the function by creating nuisance. When Mona Paul (the deceased) and other members of the Committee tried to dissuade them from creating nuisance, they hit the deceased on his neck with the khukuri and thereby inflicted grievous injury. Though the deceased was immediately shifted to hospital, he breathed his last on the way. PW2, the younger brother of the deceased, lodged the FIR (Ext. 1) on the basis of which police registered Hojai P.S. Case No. 676/2015 under Sections 294/302/34 of the IPC and eventually submitted the charge sheet against the appellants upon conclusion of the investigation.