BABUL HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order passed by the learned Sessions Judge, North Lakhimpur, Lakhimpur in Sessions Case No. 67(NL) 2010 dtd. 5/5/2014 convicting the accused appellants Babul Hazarika and Prakash Hazarika under Sec. 302/341/34 IPC and sentenced them to R.I. for life each and also to pay a fine of Rs.5,000.00 each in default R.I. for 3 months for the offence U/S. 302/34 IPC and also to suffer R.I. for one month each for the offence under Sec. 341/34 IPC.

(2.) The brief facts of the case is that on 11/12/2008 at about 8-30 P.M. the informant Sri Dilip Das lodged an FIR before the Officer In-Charge, North Lakhimpur P.S.stating inter-alia that on 11/12/2008 at about 8-30 P.M. while he was coming from the market along with one Sri Ramkrishna Hazarika, the accused persons namely, Shri Babul Hazarika, Shri Prakash Hazarika, Shri Jaan Hazarika, Smt. Prabha Hazarika and Smt. Sangita Hazarika armed with spear, lathi, dao and bow, confronted them in the way and charged at them in order to launch an attack. When they raised alarm his son Babu Das and Son-in-law Papu Das came to the spot and when they tried to put resistance, the accused persons aforesaid brutally killed his son.

(3.) On receipt of the FIR, a case was registered vide North Lakhimpur P.S. Case No. 805/08 under Ss. 341/302/34 IPC and after completion of the investigation charge-sheet was submitted against the accused persons under Sec. 302/341/34 IPC. Accordingly charge was framed under Sec. 341/302/34 IPC which was explained to the accused persons on their appearance before the Court to which they pleaded not guilty and claimed to be tried.