LALU GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Since both the criminal appeals being Criminal Appeal No. 191/02 and Criminal Appeal No. 247(J)/02 raise a common question of law based on exactly similar and identical facts situation, we propose to take both the criminal appeals together for hearing and having heard both the appeals analogously, the same are being disposed of by this common judgment and order.

(2.) Heard Mr. A.C. Sharma, learned Counsel appearing for the Appellant in Criminal Appeal No. 191/02 as well as Mr. S.C. Biswas, learned Amicus Curiae assisted by Mrs. R. Rongmei, learned Counsel representing the Appellant who has preferred Criminal Appeal No. 247Q)/02 from jail. We have also heard Mr. K.C. Mahanta, learned Public Prosecutor, Assam.

(3.) The prosecution case in brief as narrated in the First Information Report (for short, 'FIR') is that on 11.12.2000 at about 5.00 p.m. Krishna Mandal (hereinafter referred to as 'the deceased'), son of Debendra Mandal, the informant (PW 1) went out of home for a walk. However, the next morning i.e. 12.12.2000 one Shiba Yogi (PW 5) and Rajen Goala (PW 6) came to the house of the informant and informed him that the dead body of his son was lying on the 'Veranda' of Shiva Yogi (PW 5) and when asked PW 5 told that one Lalu (Appellant) had killed his son.