RAMESH BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dt 24th June, 1993, delivered by Addl. Sessions Judge, Jorhat in Sessions Case No. 45 (J)/90, thereby holding the appellants guilty of offence punishable under Section 302 IPC and sentencing them to undergo imprisonment for life with a fine of Rs. 2.000/- each, or in default of payment of fine to suffer one year's R.I.

(2.) The accused-appellants were tried along with two others, namely, Kamal, (he father of the appellants and Nomal, the brother, since acquitted by the trial Court. No appeal has been preferred by the state against their acquittal.

(3.) Prosecution case stated in brief was that the deceased Jogendra Nath Bora, who was an employee of Oil & Natural Gas Commission, lived with his wife and daughters in village Chingpligaon near Jorhat, within the jurisdiction of Jorhat Police Station. The appellants are also residents of the same village and lived hardly at a distance: of about 100 yards from the house of the deceased. On 28th June, 1989, around 3 P.M., it is alleged, that the accused armed with lathis and dao came to the house of the deceased Jogendra Nath Bora, while the two acquitted remain outside the court-yard, it is alleged that the appellants, assaulted Jogendra Nath after calling him out of the house which resulted in the following injuries, as noted by P.W.-10 Dr. Kushal Kumar Saikia, who performed autopsy on the dead body of Jogendra Nath.