SRI ANIL MEDHI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The three appellants, viz, Anil Medhi, Nitul Medhi and June Kalita have been convicted under section 302/34 of the Indian Penal Code for committing murder of Banamali Kalita and each of them have been sentenced to life imprisonment with fine of Rs. 2000/ - with default stipulation.

(2.) The prosecution case is that on 16/06/2003 at about 9 -30 a.m., the aforementioned three appellants Anil Medhi, Nitul Medhi and June Kalita had engaged in a quarrel with Banamali and thereafter, chased and hacked Banamali with dao killing him on the spot. The murder took place at the instance of their father Purandhar Kalita and Smt. Renu Kalita over a quarrel involving land dispute.

(3.) On 16/06/2003 Shri Tutumoni Bora (Kalita) (PW -1) i.e. the brother of the deceased, had lodged an ejahar with the Dhing Police Station, District - Nagaon, informing the Police about the incident. Based on the said ejahar, Dhing Police Station case No. 73/2003 was registered under Section 302/109/34 of the Indian Penal Code and an investigation was started by the Police. On completion of the investigation, charge sheet was submitted against all the three appellants as well as the co -accused Sri Purandhar Kalita and Smt. Renu Kalita under Section 147/302 of the Indian Penal Code. On being committed to the Court of Sessions Judge, Nagaon, Sessions case No. 263/2003 was registered and thereafter formal charges were framed against all the five accused persons under section 302/34 of the Indian Penal Code. The accused persons having pleaded not guilty, the matter was put to trial, whereafter, the appellants here -in had been convicted under section 302/34 of the IPC for committing murder of Banamali Kalita. The remaining two accused, viz. Sri Purandhar Kalita and Smt. Renu Kalita were, however, acquitted due to lack of evidence against them.