LAKSHMAN CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. K. Bhattacharyya, learned counsel appearing for the sole appellant. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State.

(2.) This Criminal Appeal is directed against the judgment and order dtd. 21/12/2018 passed by the learned Sessions Judge, Karbi Anglong, Dipur in Sessions Case No.32/1998 convicting the present appellant and one Ram Naresh Chauhan (since deceased) for committing offences under Ss. 447/302/323/34 of the Indian Penal Code (IPC) and sentencing each of them to undergo rigorous imprisonment for life for committing the offence under Sec. 302 IPC and to pay a fine of Rs.5000.00, in default to suffer simple imprisonment for six months; to undergo rigorous imprisonment for six months for committing the offence under Sec. 447 IPC and also to suffer simple imprisonment for three months for committing the offence under Sec. 323 IPC. The conviction of both the accused persons was with the assistance of Sec. 34 of the IPC.

(3.) The prosecution case, as unfolded from the materials on record, is to the effect that on 30/7/1995, Smti. Saraswati Devi (PW-1) i.e. the wife of the deceased, had lodged an ejahar before the Officer-in-Charge, Kheroni Police Station informing that on the previous night, at around 8:00 P.M., the co-villagers, viz., 1) Prem Chauhan, son of Ram Naresh Chauhan, 2) Nandaji Chauhan, son of Ram Naresh Chauhan, 3) Lakhan Chauhan, son of Oza Chauhan, 4) Rakho, son of Oza Chauhan and 5) Ram Naresh Chauhan, (father's name not known), had killed her husband Shivji Chauhan by hacking him on his neck with a 'dao' while he was sitting in the courtyard.