JAHAN KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Prasad, learned Amicus Curiae for the accused appellant. Also heard Mr. T.K. Misra, learned Additional Public Prosecutor for the State authorities. Although office note dated 13.06.2018 shows that service of notice after being served on the informant respondent No.2 returned back, which is available at Flag-X, a perusal of Flag-X shows that notice was duly served.

(2.) An ejahar dated 09.02.2014 was lodged by Nirmal Phukan before the Officer-in-Charge of Bordubi Police Station inter alia stating that at around 7.00 p.m on 08.02.2014, in course of a quarrel over some timber, their co-villager Jahan Karmakar had caused grievous injuries upon his elder brother Sri Sunit Phukan by dealing blows on his head with a dao. It was stated that the injured was shifted from Tinsukia Civil Hospital to Sanjeebani Hospital, Dibrugarh where his condition was critical.

(3.) Subsequently, Sunit Phukan died and Sec. 302 was added to the FIR with the permission of the CJM, Tinsukia. In the circumstance, the accused appellant was charged to have committed the offence under Sec. 302 Penal Code for having caused death to the deceased.