MUNINDRA HAZARIKA @ KOLIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred by a convict from jail against the judgment dated 16.10.2006 rendered by the learned Addl. Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No. 23(NL)/2001 convicting under Sections 325/ 326/ 302 IPC and sentencing him to suffer rigorous imprisonment for 7 (seven) years under Section 325 IPC; rigorous imprisonment for 10 (ten) years under Section 326 IPC and imprisonment for life under Section 302 IPC and also to pay fine of Rs. 1,000/- under Section 325 IPC and in default, to undergo rigorous imprisonment for 3 (three) months; Rs. 2,000/- under Section 326 IPC and in default rigorous imprisonment for 6 (six) months and Rs. 3,000/- under Section 302 IPC; in default, rigorous imprisonment for 6 (six) months, further to pay a fine of Rs. 6,000/-, in total and in default of payment of fine to undergo rigorous imprisonment for a period of another 15 (fifteen) months, in total. By the same judgment, another accused, Shri Prabin Hazarika alias Akanman was convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for 3 (three) months acquitting him of other charges. The said convict Prabin Hazarika @ Akanman is not before this Court.

(2.) The story projected by the prosecution, in brief, is that on 27.9.2000 at around 8.30 P.M., the appellant, along with co-accused Prabin Hazarika, attacked the informant's two sons namely, Shri Brojen Rajkhowa @ Babul and Shri Prasanta Rajkhowa @ Dudul with dao and inflicted injuries on their persons. Babul received injury on his hand and his two fingers were severed and Dudul received serious head injury. They were shifted to North Lakhimpur Civil Hospital for treatment where Dudul succumbed to his head injury during treatment on 28.9.2000 at 5 A.M.

(3.) Shri Hem Chandra Rajkhowa, father of the victims lodged a written F.I.R. with the police, which was registered as N.L.P.S. Case No. 769/2000 under Section 326/ 302/ 34 IPC. The I/O of the case visited the place of occurrence, held inquest over the dead body and sent it for postmortem. The I/O also examined the witnesses and recorded their statements and after collecting the postmortem report and on completion of the investigation, submitted the charge sheet against both the accused persons under Section 325/ 326/ 302/ 34 IPC.