HAREN RAO Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 9-8-2001, passed by the learned Sessions Judge, jorhat, in Sessions Case No. 107 (JJ)/1999 convicting the accused-appellants under section 302/34, I. P. C. and sentencing them to undergo imprisonment for life and to pay fine of Rs. 500/- each, in default, to further rigorous imprisonment for one month each.

(2.) THE short prosecution story may be stated thus : three accused persons on 18-9-1999 at about 7. 30 p. m. came in a group and attacked the deceased-Sunil Orang by striking at the head with a sharp weapon in front of his residence. The deceased succumbed to his injuries in the following morning of 19-9-1999. His daughter was an eyewitness to the incident and she could identify all the three accused persons. She saw one of the three accused persons struck the dagger. Before his death the deceased told his daughter that the accused persons had beaten him. An FIR was lodged on 19-9-1999 against the three persons namely Jibon Pao, naren Pao and Haren Pao as accused. A case being Teok P. S. Case No. 98/1999 was registered under Section 302/34, I. P. C. The accused persons surrendered before the court on 22-9-1999. The crime was investigated. The Investigating Officer held inquest over the dead body and also got the autopsy done. On completion of investigation, charge-sheet was laid against the accused appellants under Section 341/302, I. P. C. On committal, the learned Sessions Judge, jorhat framed charges under Section 302/34, i. P. C. and tried the case. The accused pleaded not guilty and claimed to stand trial.

(3.) THE prosecution examined in all, 6 (six)witnesses, including the Medical Officer and the Investigating Officer to prove its case. No witness was examined by the defence.