MAKHAN CH RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 7.1.2005, passed by the learned Sessions Judge, Darrang, Mangaldoi, in Sessions Case No. 40(DM)/2001 .

(2.) BY the impugned judgment and order, the learned Sessions Judge convicted the appellants and two others under Section 302/. IPC and sentenced them to suffer imprisonment for life for their conviction under Section 302/. IPC.

(3.) THE prosecution case , in brief, is that, on 29.03.2000 at about 4 p.m., the appellants, along with two others (Sanjoy Rai and Nirmal Rai), being armed with lathi and dao, entered the premises of Satyen Rai ( herein after called the deceased ), and picked up a quarrel with the deceased. THE said persons i.e. the appellants and two others assaulted the deceased, causing injuries on his person, despite resistance given by the PW Nos. 1 and 2. THE deceased was taken to hospital for medical treatment, but he succumbed to the injuries, sustained by him, in the same night. Accordingly, Sri Sanjib Rai, son of the deceased, as informant, lodged the FIR (Ext.1) with the police. On receipt of the said FIR police registered a case and launched investigation into the matter,