AMIT NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J Payeng, learned counsel for the appellants and Ms. S Jahan, learned Additional Public Prosecutor, Assam. Also heard Mr. SN Tamuli, learned counsel appearing for respondent No.2.

(2.) This criminal appeal is directed against the judgment and order passed by the learned Sessions Judge, Golaghat in Sessions Case No.148/2015, whereby the learned Sessions Judge convicted the appellants under section 302/34 IPC and sentenced them to undergo Rigorous Imprisonment for life and fine of Rs.5,000/- each with default stipulation.

(3.) As per the prosecution case, on 19.09.2015 at about 5.30 pm, the appellants Amit Nayak and Ranjit Rana assaulted the victim Meghnath Hari and thereby caused serious injuries. Immediately he was shifted to K.K. Civil Hospital, Golaghat for treatment wherefrom the victim was referred for better treatment to Jorhat Medical College. Initially the appellants provided financial help of Rs.5,800/- to the victim for treatment and also promised to bear the further cost of treatment but subsequently, the appellants did not provide money for further treatment and therefore, the victim could not be taken to Dibrugarh for better treatment. After few days when the health of the victim deteriorated, he was again taken to K.K. Civil Hospital for treatment, where he died. Thereafter, an FIR was lodged on 07.10.2015 by the wife of the victim, on the basis of which police registered Jamuguri PS Case No.50/2015 under Sections 302/34 IPC and on completion of investigation laid charge-sheet against both the appellants under sections 302/34 IPC.