APURBA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Mr.K. Sarma, learned counsel assisted by Mr. D. Das, A. Hussain and Ms. KM Sarma, appearing for the appellants and Mr. BB Gogoi, learned Addl. Public prosecutor for the State were heard.

(2.) This appeal is directed against the judgment and order dated 29.09.2012 passed by learned Addl. Sessions Judge (FTC) No. 2, Kamrup in Sessions Case No. 190(K)/2006. By the said judgment, the appellants were convicted u/s 304 Pt-I IPC and sentenced to imprisonment for five years and to pay fine of Rs. 1,000/- each with default stipulation.

(3.) As per prosecution case, on 24/06/1996, all the appellants armed with various weapons like dao, axe etc attacked the informant party causing serious injuries to them. Immediately thereafter, they appeared before the Chandmari Police Station and police arranged for their treatment. The husband of the victim Pralad Das succumbed to the injuries on 25/06/1996. An FIR was lodged by the wife of the victim, on the basis of which, police registered a case and after usual investigation laid charge-sheet against the accused/appellants.