ANIL KUJUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms D Saikia, learned Amicus Curiae appearing on behalf of the accused appellant in Criminal Appeal 50 (J) of 2019 and Ms R D Mozumdar, learned Amicus Curiae appearing on behalf of the accused/ appellant in Criminal Appeal No. 51 (J) of 2019. Also heard Ms S Jahan, learned Additional Public Prosecutor for the State of Assam.

(2.) Both the appeals are directed against the Judgment and Order dtd. 28/1/2019, passed by the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur, in connection with Sessions Case No. 215/2011, whereby both the accused appellants were convicted under Ss. 302/34 IPC and sentenced them to undergo Rigorous Imprisonment for Life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) each, and in default of payment of fine, further Rigorous Imprisonment for 3 (three)months each.

(3.) The case of the prosecution in brief is that the informant Monoj Baruah, Welfare Officer of Dhulapadung Tea Estate, lodged an FIR on 15/8/2011, before the Officer-In-Charge, Rangapara Police Station, stating inter alia that on 14/8/2011, at about 09:30 pm, one Marshal Kujur, resident of Line No. 15, Moinajuli Division of Dhulapadung Tea Estate was assaulted by his father Waris Kujur and elder brother Anil Kujur at his residence following a quarrel, as a result of which, Marshal Kujur sustained grievous injuries on his person. Though the injured was taken to Rangapara Hospital for treatment, but the doctors declared him brought dead.