SAMLOO LOTHA ETC. APPELLANT Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two Criminal Appeals arise out of the judgment and order passed in Sessions Case No. 89 (J-J)/ 98 dated 11.8.2000 convicting the accused/appellants under sections 302/34, I.P.C. and sentencing them to undergo R.I. for life and also to pay fine of Rs. 500.00 in default to undergo further R.I for 1 (one) month passed by the learned Sessions Judge, Jorhat. Although both the appellants were convicted by the common judgment dated 11.8.2000, they filed two separate appeals challenging the impugned conviction.

(2.) We have heard Mr. A. Thakur, learned Counsel for the appellant in Criminal Appeal No. 296/2000 and Mr. P.K. Roy Choudhury, learned Counsel in Criminal Appeal No. 250 (J)/2000. Also heard Mr. P.C. Gayaon, learned Public Prosecutor of Assam, in both the appeals on behalf of the State of Assam.

(3.) On the basis of an FIR dated 1.12.1999 lodged by one. Sanjib Hazarika, P.W. 4, a resident of Tingajan village under Titabar Police Station in the district of Jorhat, Titabar P.S. Case No. 72/97 was registered under sections 302/34. I.P.C. against the accused-appellants. In the aforesaid FIR, it is alleged that on 6.6.1997 at around 5.00 p.m., the accused persons, namely, Daria Dokani @ Ajit Saikia and Samloo Lotha hit Jotin Hazarika. the younger brother of the informant by Lathi and left him in an injured condition in a hillock near Phoolbari, who was carried to home; at about 11.00 p.m. he expired.