BIPUL DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Kamar, learned Senior Counsel for the accused appellant no.1, Mr. A. Ahmed, learned counsel for the accused appellant nos.2 and 3 and Mr. M. Biswas, learned counsel for the accused appellant no.4. Also heard Ms. A. Begum, learned Additional Public Prosecutor the respondent no.1 and Mr. A.K. Bhuyan, learned counsel for the respondent no.2.

(2.) This appeal challenges the judgment dtd. 28/8/2009 passed by the Court of the Additional District and Sessions Judge, Hojai in S.C. Case No.59/2015, by which the appellants have been convicted under S. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.50,000.00, in default simple imprisonment for 6 (six) months.

(3.) The prosecution case in brief is that one Pappu Dey (PW-13) had called up at 8:00 p.m on 14/10/2013 to the Lanka Police Station, Hojai informing the police that his neighbour Bipul Dey, i.e. appellant no.1, had hacked the informant's elder brother Pinaki Dey on his neck and abdomen with a sharp weapon, thereby injuring him grievously. Further, though the informant's injured brother had been taken to Lanka Hospital, the Doctors therein had referred Pinaki Dey to HAMM Hospital at Hojai for better treatment. Accordingly, on the basis of the mobile call made by PW-13, Lanka P.S. G.D.E No.349 dtd. 14/10/2013 was registered.