RAM KRISHNA LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. Choudhury, learned Amicus Curiae appearing for the appellant in Crl. Appeal (J) No. 84/2018 and Ms. R.D. Mazumdar, learned Amicus Curiae appearing for the appellant in Crl. Appeal (J) No. 105/2018. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State.

(2.) Both these jail appeals are directed against the common judgment dtd. 6/7/2018 passed by the learned Additional Sessions Judge, Nagaon in Sessions Case No. 26/2017 convicting both the appellants under Sec. 302/34 of the Indian Penal Code for committing the murder of Monoranjan Deka and sentencing them to undergo rigorous imprisonment for life and also to pay fine of Rs.5000.00 each with default stipulation. Crl. Appeal (J) No. 84/2018 has been preferred by appellant Ram Krishna Laskar (A-1) whereas Crl. Appeal (J) No. 105/2018 has been preferred by co-accused/appellant Pranjal Laskar (A-2).

(3.) The facts of the case, in brief, is that on 10/8/2016 the father of the victim viz., Sri Ratneswar Deka had lodged an ejahar before the Officer-in-Charge of Nagaon Sadar Police Station Nagaon alleging that on 9/8/2016 while his son Monoranjan Deka (Babu) was watching T.V. in his own house, the accused persons, who live adjacent to his house, had called his son at around 9.00 p.m. At around 12 at night, the A-1 had informed his son-in-law, who stays in the nearby house, that his son Babu was lying unconscious in the backside of the house of the 2nd party. Immediately, they had arrived at the place of occurrence and found his son lying in a pool of blood with grievous injuries on his head and near the right ear. They immediately took him to B.P. Civil Hospital, Nagaon where the doctors declared him dead. The informant had also stated that he suspected that the 2nd party had hacked his son to death with sharp weapon in a pre-planned manner by calling him away from the house with a conspiracy. In the ejahar dtd. 10/8/2016, the name of the two appellants have been mentioned as 2nd party/accused.