MOHENDRA NAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 06.08.2013 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 106/2008 convicting the accused persons, namely, 1) Sri Mohendra Naik, 2) Sri Kishor Naik, 3) Sri Chawar Naik, 4) Sri Sushil Naik, 5) Sri Tanu Naik, 6) Sri Mithun Naik, 7) Sri Randhir Naik and 8) Sri Bhadar Naik @ Bachan (herein after referred to as the accused persons) of offence u/s. 302/34 IPC and sentencing each of them to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default R.I. for another 1 (one) month. Being aggrieved and dissatisfied with the aforesaid judgment, the accused persons have preferred this appeal citing several infirmities in the judgment under challenge.

(2.) Heard Mr. P.K. Talukdar, learned counsel for the accused/appellants and Mr. B.J. Dutta, learned Addl. P.P., appearing for the State.

(3.) The projected case of the prosecution is that on 28.03.2008 at about 7.30 p.m., accused persons assaulted one Mangra Naik (hereinafter referred to as the deceased) with various weapons, such as, lathi, cycle chain etc., and injured him on his head, chest and other parts of the body. On 23.09.2008 at about 9 a.m., the injured was taken to Dibrugarh for treatment However, on the way, he expired.