SARUBHAYAGHATOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal directed against the judgment and order dated 24.04.2017, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 174 (J-J) of 2014.

(2.) Heard Ms. S. Choudhury, learned Amicus Curiae for the appellants and also heard Mr. T.K. Misra, learned Additional Public Prosecutor appearing for the State of Assam.

(3.) On 03.08.2013, one Sri Mohan Bhumiz lodged an ejahar before the Officer-in-charge, Ladoigarh Police out post stating that at about 10.00 P.M. on 02.08.2013, the two accused persons (appellants in the appeal) assaulted his brother namely, Sri.TulsiBhumiz with solid bamboo lathi in front of the house of one Sri. DebeswarGhatowar and left his dead body at the spot. And,the incident was witnessed by one Sri. Dipak Bhumiz who is the son of the deceased. On receipt of the ejahar, the same was entered as Lahdoigarh GDE No. 44,dated 03.08.2013, and thereafter,it was forwarded to the Officer-in-charge of Teok Police Station. The Officer-in-charge of Teok Police Station registered the same asTeok P.S. Case No. 191/2013 under section 302 of IPC and entrusted one S.I. S. Ahmed to investigate the case. During the investigation, inquest was conducted over the dead body and thereafter, post-mortem was also conducted. On completion of the investigation, charge-sheet was submitted and the same was committed to the learned Sessions Judge, Jorhat. The learned Sessions Judge, Jorhat after hearing the prosecution and the accused persons who are appellants herein framed the charge under Section 302/34 of IPC. The relevant portion of the charge framed by the learned Sessions Judge, Jorhat reads as follows;