ACHYUT CHAMUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Nath, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the state authorities. By the order dated 22.07.2019 service upon the informant respondent No.2 was accepted. None appears for the informant respondent No.2.

(2.) An ejahar dated 23.05.2016 was lodged before the Officer-In-Charge of Dhakuwakhana Police Station inter alia stating that at around 9 pm on 22.05.2016 the accused person had called the father of the informant outside the house and caused grievous injuries to him by striking on his entire body with an iron rod and thereafter the assailant left the place. One boy of their village had seen his father lying in front of the Namghar and informed the family about the incident, whereupon, the informant and other family members took him to the government hospital where he was declared dead. Upon investigation, the accused appellant was charged of having committed the murder of the deceased Jogeswar Chamua by intentionally causing marpit on his person with an iron road and thereby committed the offence punishable under Section 302 IPC.

(3.) Pw-1 in his deposition stated that although he had lodged the ejahar but he did not know how the incident had occurred and on the following day his nephew Biki Chamua informed him that his father had died. Upon receipt of the information, PW-1 went to the Dhakuakhana hospital to see his father and found him dead.