SOMESWAR MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14.3.96 passed by the learned Sessions Judge, Nagaon in Sessions Case No 151 (N)/91 convicting and sentencing the accused appellants to undergo imprisonment for life under Section 302/34 IPC and further to undergo simple imprisonment for three months under Section 323/34 IPC.

(2.) The prosecution case in brief is that the informant the wife of the deceased (P.W. 7) appeared in. Jajori Police Station and lodged the following information before the O.C. Jajori Police: Station:

(3.) At about 11 a.m. today, my husband Madhab Medhi went to his own yard and cut a ' Jati' bamboo. When he brought the bamboo and kept it in the courtyard, accused Someswar Medhi chased my husband with a dao and hacked him on the head. At the same time, accused Rebat Medhi started beating him on his bands and feet with an iron crowbar. As a result, my husband fell down on the courtyard. When I resisted, Rebat Medhi hit me on the bead with the crowbar, causing grievous injuries. Someswar Medhi and Rebat Medhi beat my husband Madhab Medhi and then ran away leaving him at the point of death. Jogeswar Medhi and my mother-in-law (Madhab's mother) seriously injured me by assaulting with lathis. At the time of occurrence no other villager came to the spot as the two accused persons were roaming with weapons in their hands. The said accused persons have killed my husband in a very cruel manner.