BOGAI DAS AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The conviction of the appellant under section 302, I.P.C. and thereby sentencing him to undergo imprisonment for life and to pay fine of Rs. 500.00 in default another one month rigorous imprisonment has been handed down by the learned Sessions Judge, Jorhat in Sessions Case No. 15 (J-J)/99 is the subject matter of challenge in this criminal appeal.

(2.) Thumbnail sketch of the prosecution case is that an F.I.R. was lodged by P.W. 1, Sri Tulasi Das on 10.5.1997 with Jorhat Police Station alleging that around 8 O'clock last night on 9.5.1997 while his younger brother Sr. Kamal Das was coming home from Nimatighat, his paternal uncle Sri Puliram Das @ Kulai, his son Sri Bogai Das . Sri Jayanta Dasand his son-in-law Sri Kamal Das @ Lathua took him from the gateway to Puli Das' Court yard and assaulted him with dao and axe and later on at around 10 p.m. he got his injured brother admitted to the Jorhat Civil Hospital where he died around 3 O'clock in the morning. A police case being Jorhat P.S. Case No. 198/97 was registered under section 302/34, I.P.C. accordingly.

(3.) On the basis of the said F.I.R. investigation was started and on completion of the same, all the three accused persons including the appellant were charge-sheeted under section 302/34. I.P.C. The learned Sessions Judge, to whom the case was committed, after hearing the parties framed charge against Bogai Das @ Jayanta (appellant), Puliram Das Kulai and Kamal Das @ Lathua under section 302/34, I.P.C. to which they pleaded not guilty and claimed to be tried.