Decided on November 20,2018

Chandu Mia Barbhuiya And Anr Appellant
STATE OF ASSAM Respondents


A.K. Goswami, J. - (1.) Heard Mr. S.B. Laskar, learned counsel for the appellants. Also heard Mr. H. Sarma, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1. None appears for the respondent No.2.
(2.) This appeal is preferred against the judgment & order dated 20.03.2015 passed by the learned Sessions Judge, Hailakandi in Sessions Case No.68/2010 convicting the appellants under Section 302 IPC and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand), each, in default, to suffer rigorous imprisonment for 6(six) months.
(3.) An ejahar was lodged by one Jamal Uddin Barbhuiya before the Officer-in-charge, Katlicherra Police Station on 24.09.2010 stating that on 21.09.2010, the appellant No.1 came to his brother Monai Mian's house, where he was also present, and demanded repayment of Rs.150/- which he had owed to the appellant No.1. Due to insistence for making the payment immediately, the informant started to proceed to his own house and the appellant No.1 had also accompanied him. As he had reached near his residence, the appellant No.1 asked his mother to come out with a dao (a curved instrument for cutting) and the mother, accordingly, handed over the dao to the appellant No.1. Four other accused persons also assembled there with dao and in the meantime, the nephew of the informant Imdadul Rahman Barbhuiyan came running to protect the informant and in such process, the accused Nos.1 and 2 (the appellants herein) assaulted him with dao and the accused Nos.3, 4 and 5 beat him mercilessly with lathis. The injured suffered grievous injuries and the neighbourhood people who had gathered there had taken him to Katlicherra Hospital and there from to S.K. Roy Civil Hospital at Hailakandi. As the condition of the injured was critical, he was taken to Silchar Medical College and Hospital and while undertaking treatment, he breathed his last at 12:30 PM on 22.09.2010.;

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