MD FARIUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. DK Bhattacharyya, learned counsel for the appellants. We also heard Ms. S Jahan, learned Additional PP, Assam appearing for the State respondent. Though notice was served, none appears for the respondent No. 2.

(2.) By the impugned judgment and order dtd. 4/6/2016 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 152/2010, the two appellants are convicted under Sec. 302/34 IPC and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 each, in default, to undergo simple imprisonment for one month each.

(3.) By filing the present appeal, the appellants have assailed the said judgment and order. The prosecution case, in nutshell, is to the effect that accused/ appellant No. 1, who was with accused/ appellant No. 2 called the deceased (father of the informant) to go to the house of appellant No. 1. When the deceased (father of the informant) started proceeding then the two appellants assaulted him. According to the version narrated in the FIR, the accused/appellant No. 1 asked the accused/ appellant No. 2 to finish the deceased immediately. Thereafter, the accused/ appellant No. 2 inflicted the injury in chest of his deceased father of the informant with a spear and soon after the deceased fell down on the ground and died.