STEPHEN DHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B J. Talukdar, learned senior counsel and Amicus Curiae in Criminal Appeal (J) 41/2022 and Ms. M. Barman in Criminal Appeal (J) No. 42/2022. Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appears for the State. The above two appeals are being disposed of by a common judgment, as the challenge made in the 2 [two] cases is to the same impugned Judgment and Order dtd. 17/2/2022 passed in Sessions Case No. 399/2013.

(2.) The two appeals have been filed against the impugned Judgment and Order dtd. 17/2/2022 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 399/2013, by which the appellants have been convicted under Sec. 302/34 IPC and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs.3,000.00 each, in default Simple Imprisonment for 1 [one] month.

(3.) The facts of the case, in brief, is that PW No. 3 submitted an FIR on 4/9/2013 at Chabua Police Station stating that on 3/9/2013, at around 3.10 PM, the appellants had assaulted Nasib Munda with a lathi (bamboo stick), which resulted in the death of Nasik Munda.