SUJIT MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, learned amicus curiae for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam.

(2.) Office note dated 14.07.2017 shows that notice had been served on the informant/respondent, but none appears.

(3.) An ejahar dated 03.01.2015 was lodged before the Office-in-charge of Dhola police station by Rajen Mura, inter-alia stating that on 02.01.2015 at about 6.00 pm, Sujit Mura, son of late Sona Babu Mura had an altercation with his elder brother Bhupen Mura over some matter whereupon, Sujit Mura had inflicted a cut blow with a sharp dao on the left leg on his elder brother Bhupen Mura on the main road of Lafangkola village, thereby causing grievous injuries. The elder brother of the informant was taken to Doomdooma Govt. hospital for treatment but he breathed his last at about 9.00 PM while he was undergoing treatment. In the aforesaid circumstances, the accused/appellant was charged for having committed an offence punishable under Section 302 of the Indian Penal code.