RATUL BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Rajborbhuyan, learned Amicus Curiae as well as Mr. K.C. Mahanta, learned P.P., Assam.

(2.) An F.I.R. was lodged by one Shri Manik Risang (P.W. 3) with the officer-in-charge Bhagamukh Police Out Post under Teok Police Station on 13.4.1997 alleging that at about 4.30 p.m. while his nephew Shri Nirmal Risang (hereinafter referred to as "the deceased") was returning home after doing shopping at Jelengitup Chariali which was within the jurisdiction of the above outpost, the appellant along with Jitul Bora and Ratna Bora, all being sons of Shri Puneswar Bora, a resident of Jelengitup Gaon and Shri Akanman Gogoi's son Sarudeo Gogoi, in a accompany hit him with blunt weapon on the E.N.D. embankment near Makalani Gaon and killed him and same was the basis of ensuing investigation on completion of which all the three accused persons including the appellant were charge-sheeted under sections 302/34, I.P.C.

(3.) During the trial, the prosecution examined as many as 11 witnesses including P.W. 11 Dr. Sarbeswar Malakar who conducted autopsy on the deceased and P.W. 10, Idris Ali, the investigation officer (for short, 'the I.O.").