SUKUL MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellants herein are the brothers and the deceased was their uncle. Both the appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code vide impugned judgment dated 23.11.2005, passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 50 of 05 and they have been sentenced to undergo imprisonment for life and also to pay fine of Rs.2000.00 with default stipulation of further imprisonment for one month.

(2.) THE prosecution case in a nutshell is that the deceased and the appellants were living adjacent just across the road and they had some enmity regarding landed property. It is the further case of the prosecution that on 28.6.2004 at about 8.00 PM, both the appellants came to the house of the deceased and took away the deceased Jahan Majhi from the informant's house and after going to a little distance both the appellants had some altercation with the deceased and assaulted him with sharp weapons. Hearing wailing voice of the deceased, the wife of the deceased rushed near the injured and on being enquired the injured told his wife (PW 4) that the accused persons had assaulted him. Within moments, the other family members also assembled there and the injured was taken to the hospital, where he died on the next day.

(3.) AFTER conclusion of the prosecution evidence, the statements of the accused persons under Section 313 of the Code of Criminal Procedure were recorded; wherein the accused persons took the plea of total denial and no evidence in defence was tendered.