BHAKTA HEMRAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Sri Bhakta Hemram has been convicted under Section 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for another 2(two) years for causing death of a father and son duo i.e. Raja Ali Khan, aged about 40 years and Junmoni Khan, aged about 16 years.

(2.) The First Information Report (FIR) was lodged by Pankaj Bora (PW-1) at 9 P.M. of 21.07.2008 stating that on the very same day at around 3.30 P.M. when a 'bichar' was on in the Office of the Tea Estate in question, the appellant along with two other persons i.e. Bubai Hemram and Bijoy Hemram had come with daos in hand and caused instantaneous death to his elder brother Raja Ali Khan by hacking and when his nephew Junmoni Khan put up resistance, grievous injury was inflicted upon him by hacking. Junmoni was thereafter taken to the Golaghat Civil Hospital in a critical condition.

(3.) Committed to trial, the prosecution examined as many as 13(thirteen) witnesses to prove the guilt of all the 3(three) accused. At the conclusion of the trial, Bubai Hemram and Bijoy Hemram were acquitted from the charge under Section 302/34 IPC and were set at liberty in the absence of any incriminating materials found against them. The appellant alone stood convicted and sentenced to suffer imprisonment for life.