NIRANJAN HEERA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.N.B. Choudhury, learned counsel appearing for the appellants. We have also heard Ms. S. Jahan, learned APP, Assam, who has appeared on behalf of the State of Assam. Ms. R.R. Kakati, learned Legal Aid Counsel is present on behalf of the informant.

(2.) This appeal arises out of the judgement dtd. 25/04/2017 passed by the learned Sessions Judge, Morigaon, in connection with Sessions Case No. 07/2013 whereby, the learned trial Court has convicted both the appellants for committing offences punishable under Ss. 448/302/34 of the Indian Penal Code (IPC) and sentenced each of them to suffer rigorous imprisonment for one year and to pay fine of Rs.1000.00 each for committing the offence under Ss. 448/34 IPC. The learned Court below has also sentenced both the appellants to suffer rigorous imprisonment for life and also to pay fine of Rs.30,000.00 each with default stipulation for committing the offence under Ss. 302/34 of the IPC. Both the sentences were to run concurrently.

(3.) The facts of the case, in a nutshell, are that on 20/10/2012, Smt. Bhagya Hira i.e. the wife of the deceased Darshan Hira had lodged an ejahar with the Incharge of the Bari-bazar Police Patrolling Post informing that on the previous night, at around 10-15 p.m., her brother Bhupen Hira had gone to the house of her uncle to have tobacco but the family members of her uncle had driven away Bhupen Hira by scolding him, whereupon her brother had returned home. After a while, the accused persons, named in the ejahar, had illegally entered into her house with spears in their hands and started scolding her brother again. At that time, her husband and she took the accused persons outside their house, towards the road, but both the accused persons had stabbed her husband on the chest with the spear and spike in their hands, as a result of which, her husband fell down on the ground and died instantly. In the ejahar dtd. 20/10/2012, both the appellants have been named as the accused persons.