ANAN NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Dhar, learned amicus curiae for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam for the State respondent.

(2.) These 2 (two) jail appeals have been preferred against the common judgment and order dated 22.12.2017 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.148/2014 (G.R. Case No.1086/2014) by which the appellants were found guilty under Section 302/34 IPC and sentenced to undergo Life Imprisonment and also to pay a fine of Rs.1,000/- only each, in default of payment of fine, to undergo rigorous imprisonment for 1 (one) month each. The appellants were also convicted under Sections 341/34 IPC and sentenced to rigorous imprisonment for 6 (six) months. Both the sentences are to run concurrently.

(3.) The brief facts of the case as unfolded in course of the trial was that an FIR was lodged on 30.04.2014 by one Smt. Sita Lohar, wife of the deceased late Dilip Lohar, stating that at 2.30 P.M. on 30.04.2014 Sri Anan Nayak @ Pappu Nayak and Mangra Nayak, appellants herein, both residents of Maijar Pathartoli Line, confronted her husband Dilip Lohar on the road of Pathartoli Line. The appellant Mangra Nayak held her husband's hand and the appellant Anan Nayak @ Pappu felled her husband by striking a blow on his head with a shovel. Before killing her husband he was struck on his neck which incident was witnessed by complainant's son Rajib Lohar. On the basis of said FIR, investigation was held and both the appellants were charge-sheeted.