ATUL KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 11.7.2003, passed by the learned Ad-hoc Additional Sessions Judge No. 2, Kamrup, Guwahati, in Sessions Case No. 192(K)/2002.

(2.) The facts, leading to the present appeal, in brief, are that on 19.1.97 at about 10, P.M. the informant, Smt Helai Choudhury, PW-1 lodged a written FIR. Ext.1 before the police stating, inter alia that on that day, at about 8.30 P.M. the two accused-appellants. Atul Kalita and Jyotish Kalita, assaulted his son. Sailen Choudhury, and threw him in an unconscious state at the Tinali Chowk, near the Rangia Higher Secondary School. The injured was removed to the local hospital and from there to the Gauhati Medical College Hospital, where he is still struggling for life. The injured succumbed to the injuries on the next date at the Gauhati Medical College Hospital.

(3.) During trial before the learned Ad-hoc Additional Sessions Judge No. 2, Kamrup, Guwahati, the prosecution examined as many as 10 (ten) witnesses and vide the impugned order, the learned trial Court convicted the two accused-appellants under Section 302/ 34 IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs. 2,000/- each, in default to, imprisonment for another three months. Hence, the present appeal.