LAWS(GAU)-2012-8-21

BASANTA BASUMATARY Vs. STATE OF ASSAM

Decided On August 01, 2012
BASANTA BASUMATARY Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) AMITAVA Roy, J The appellants, in jail, stand convicted by the judgment and order dated 23.03.2007 passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No.214/99 under Section 302/381/201/34 of the Indian Penal Code (hereinafter for short referred to as the Code), whereby, they have been sentenced to suffer imprisonment for life etc. Being highly dissatisfied with and aggrieved by the judicial determination so made, they are in appeal for redress.

(2.) WE have heard Mr. Rajesh Adhikary, learned Amicus Curiae for the appellants and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam for the respondent-State.

(3.) PW-2 Shri Prabin Bora identified the accused persons. This witness stated that the deceased Dr. Munindra Dutta was In-charge of Kalabari Primary Health Centre and he as a Grade-IV employee of the institution was acquainted with him (deceased). The witness stated that the accused Smt. Rangali Daimari was the wife of the deceased Dr. Munindra Kr. Dutta and that she then had been serving as a staff Nurse at Panchmile PHC under Tezpur Police Station. He also confirmed the second marriage of the deceased Dr. Munindra Dutta.