AJIT TASSA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. A Begum, learned Amicus Curiae for the appellant. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam.

(2.) An ejahar dated 27.05.2004 was lodged by Naresh Tassa, son of Late KhureshTasa stating that on 26.06.2004 at about 1.30 A.M, when his elder brother, Patal Tasa was playing cards with some persons at the Naatghar in the Puja line, a resident of the line, namely, Tuton Tasa @ Amut Gopal Tasa, son of Gopal Tasa had struck in the neck of his elder brother with a sharp pointed weapon causing grievous injuries upon him. The injured elder brother died in the hospital later on. It was further stated that Kailash Tasa a resident on the same line was present and he had witnessed the incident.

(3.) PW-1 Naresh Tasa, the informant in his examination-in-chief deposed that he recognizes the accused whose name is Ajit Tasa @ Tuton. He deposed that when he was returning home after watching a movie, his brother Kailash had said that accused Ajit Tasa had assaulted his elder brother, Patal Tasa. Thereafter, he along with Kailash Tasa took Patal Tasa to the hospital, where he was declared dead.