SUREN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 03.04.2007, passed, in Sessions Case No. 291(K) 2004, by the learned Sessions Judge, Kamrup, Guwahati, convicting the accused-appellants, Suren Kalita and Lakshyadhar kalita @ Niladhar kalita, under Section 302 read with Section 34 IPC and sentencing each of them to suffer imprisonment for life and pay fine of Rs. 3,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of one year. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 09.04.2001, at about, 8:45 P.M., as many 6 (six) persons, namely, Suren Kalita, Niladhar kalita, Bipul Kalita, Girish Kalita, Parameswar Kalita and Pamani Kalita, attacked, in a group, Bipin Kalita's nephew, Deepak Kalita, at the house of Girish Kalita, by lethal weapons causing injuries. The FIR, the injured was, immediately, removed to Hajo Police Station, wherefrom the injured was taken to Hajo Primary Health Centre, where he was declared dead. Bipin Kalita, then, lodged a First Information Report (in short, 'FIR'), on 09.04.2001 itself, at Hajo Police Station. Based on the said FIR, Hajo Police Station Case No. 66/2001, under Section 147/148/149/302 IPC, was registered.

(2.) Thereafter, police visited the place of occurrence, held inquest over the dead body, examined the witnesses and, on completion of investigation, laid charge-sheet, under Section 302/34 IPC, against the two accused (i.e., the present accused-appellants), named in the FIR, namely, Suren Kalita and Lakshyadhar Kalita @ Niladhar Kalita.

(3.) At the trial, when a charge, under Section 302 read with Section 34 IPC, was framed against the accused persons, they pleaded not guilty thereto.