PRABHAT BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed by the accused Prabhat Bora against the judgment dated 24.7.2000 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 34 (J-J)/93. By the impugned judgment, the learned Judge convicted the present appellant for life and to pay a fine of Rs. 500/- in default, for further R.I. for one month. Hence this appeal.

(2.) We have heard Mr. A. Thakur, learned counsel for the appellant and Mr. P.Bora, learned P.P. Assam.

(3.) The prosecution story in brief is as follows :- At 7 P.M. on 27th January, 1991 the deceased Gangaram Das of Madhapur Gohain Gaon was coming along the road when Sri Duti Ram Bora and Sri Prabhat Bora of the same village intercepted him and injured him by striking with an axe. They also injured the girl Smt. Debajani Das by hitting with the same axe when she came to the place of occurrence hearing the commotion. It is further stated that Gangaram Das was attacked when he was returning to his own house from the son-in-law's house Sri Harendra Nath Das. The FIR was lodged on 27.1.91 before the Officer incharge, Madhapur police out post. G.D. Entry was made and the case was registered and two accused persons named above were arrested. Thereafter, charge was framed against them under Section 302/34 IPC and in the Sessions Case No. as stated above the following witnesses were examined.