CHOTOLAL TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned senior counsel, Mr. A.M.Bora for the appellants and learned Addl. P.P., Ms. S. Jahan for the State-respondent.

(2.) This appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge (FTC), Silchar in Sessions Case No.90/2014, whereby, the learned Addl. Sessions Judge convicted the appellants under section 302 IPC read with Section 34 IPC and sentenced them to imprisonment for life and fine of Rs.10,000/- each with default stipulation.

(3.) According to prosecution on 10-08-2009 at about 10 pm, when the deceased Prafulla Tanti and his sister Protima Tanti (PW-8) were watching T.V. in the house of Pradip Tanti (PW-2), all the appellants attacked Prafulla Tanti and inflicted injury by hitting him with 'dao', lathi etc. The village people informed the police, whereupon police came and on 11-8-2019 at about 4.30 am, they accompanied the police to search the victim and found him lying unconscious in front of the house of the appellant Chotolal Tanti. The victim was shifted to the hospital for treatment, where he succumbed to the injuries. PW-2, Pradip Tanti lodged the FIR (Ext.-2), on the basis of which, police registered Udharbond PS Case No. 109/2009 and commenced investigation. In course of investigation, police recorded the statement of the witnesses, got the inquest done and the post mortem examination on the body of the deceased was conducted by Dr. Gunojit Das (PW-9).