NIPAM PHUKAN @ PETAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Rakesh Sarma, learned Amicus Curiae appearing in Crl. A.(J) No.91/2019 for the appellant convict Sri Nipam Phukan @ Petai. Also heard Ms. S. Sarmah, learned Amicus Curiae appearing in Crl. A.(J) No. 74/2019 for the appellant convict Sri Prabin Phukan @ Bira as well as Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P., Assam assisted by Ms. R. Das, appearing for the State.

(2.) These two appeals have arisen out of the impugned judgment dtd. 4/4/2019 passed by the learned Addl. Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No.104(NL)/2018, by which the appellants, who are brothers and allegedly under the influence of alcohol, have been convicted under Sec. 302/34 of the IPC, for having caused the death of the father of the informant, Prosecution Witness No. 1 (PW-1), by stabbing him with a knife, after they had been told by the deceased to go home and not make a nuisance. They were accordingly sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000.00 each, in default, to suffer rigorous imprisonment for 6 months each under Sec. 302/34 of the IPC.

(3.) The prosecution case in brief is that an FIR dtd. 24/1/2018 was submitted by the informant (PW-1) to the Officer-in-Charge of Narayanpur P.S., stating that around 8:30 pm on 23/1/2018, the appellants had confronted her husband, when he went to purchase betel leaf from a shop. They assaulted him with a sharp weapon and thereby killed him. People apprehended the appellants at the place of occurrence and assaulted them before handing them over to the police. Pursuant to the FIR, Narayanpur P.S. Case No. 29/2018 under Sec. 302/34 of the IPC was registered. PW-11 was thereafter entrusted to investigate the case.