JOYRAM CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Mahajan, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, assisted by Mr. J. Das, learned counsel appearing on behalf of the State of Assam. None has appeared on behalf of the informant/respondent no. 2.

(2.) By the impugned judgement dtd. 21/12/2019 passed by the learned Additional Sessions Judge, Kamrup, Rangia, in connection with sessions case No. 238/2013, the sole appellant was convicted under Sec. 302 of the Indian Penal Code (IPC) for committing the murder of deceased Danda Choudhury and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5000.00, in default, to undergo rigorous imprisonment for one month.

(3.) On 26/10/2006,Smt. Suban Choudhury i.e. the wife of the deceased Danda Choudhury, had lodged an ejahar before the Officer-in-Charge of Rangia Police Station reporting that at about 9-30 p.m. on that day, accused Joyram Choudhury, accompanied by his first son Sri Kamal Choudhury, who were waiting in ambush in their gateway, had attacked her husband Danda Choudhury dealing blows on his head with a "bamboo lathi", causing grievous injury on him. The son of the victim i.e. Sri Digen Choudhury, who was accompanying his father, had screamed. Hearing him screaming, the neighbours as well as the family member of the injured rushed to the place of occurrence and found that the victim was lying there in a moribund state. The injured was then taken to the Rangia C.H.C. through the Police Station but he succumbed to his injuries at the hospital.