PRAKASH CHOWHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dated 16.10.2008 passed by the learned Addl. Sessions Judge (F.T.C.), Sivasagar in Sessions Case No.35(s-s) of 2003, arising out of G.R. Case No.935/2002. By the said judgment, both the appellants were convicted under Section 304 Part-II read with Section 34 IPC and sentenced to imprisonment for 5 (five) years and fine of Rs. 3,000/- each with default stipulation.

(2.) As per the prosecution case, on 15.09.2002, one Dulu Dutta (deceased) was travelling in a bus called "Ma Darshani". Both the appellants made the aforesaid bus stop at Kenduguri Tiniali and dragged the deceased Dulu Dutta out of the bus and mounted assault on him with a bamboo stick causing serious injuries. Immediately the victim was taken to Demow hospital, wherefrom he was shifted to Medical College Hospital, Dibrugarh, where the victim succumbed to the injuries on 17.09.2002. The younger brother of the victim lodged an FIR (Exhibit-1), on the basis of which police registered a case and after usual investigation submitted charge-sheet against both the appellants under Sections 302/34 IPC. The offence under Section 302/34 IPC being exclusively triable by the Court of Sessions, the learned Judicial Magistrate committed the case to the Court of Sessions.

(3.) In the course of trial, the learned Addl. Sessions Judge framed charge against both the appellants under Section 302/34 IPC, to which they pleaded not guilty. In order to establish the charge, the prosecution examined as many as 13 witnesses. On appreciation of evidence, learned trial Court convicted both the accused appellants under Section 304 (Part-II) read with Section 34 IPC and awarded sentence as indicated above.