RAMESH TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. Choudhury, learned Amicus Curiae for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(2.) By the order dated 30.04.2019 it was accepted that the informant respondent No.2 had died in the meantime and therefore, he be deleted from the array of respondents in the appeal.

(3.) An ejahar dated 09.05.2011 was lodged before the Officer-in-Charge of Rangapara Police Station by Puitu Kalandi inter alia alleging that on 06.05.2011 at about 6/6.30 p.m., the accused Ramesh Tanti had assaulted his youngest son Sibdas Kalandi and also his second son Dhiraj @ Jagu Kalandi and had caused grievous injuries on them, and that later on, at about 5.00 am, on 09.05.2011, his younger son died while undertaking treatment. Upon investigation, the accused appellant was charged of causing voluntary hurt to Dhiraj @ Jagu Kalandi thereby causing an offence punishable under Section 323 IPC and also causing the murder of Sibdas Kalandi hereby committing the offence under Section 302 IPC.