Decided on November 27,2018

Rup Singh Bhumiz Appellant
STATE OF ASSAM Respondents


Hitesh Kumar Sarma, J. - (1.) The Crl.A(J) 85/2014 and Crl.A(J) 86/2014, are preferred from jail, by the accused-appellants, Rup Singh Bhumiz and Fidrish Orang, respectively, against the judgment and order, dated 11.06.2014, passed by the learned Additional Sessions Judge, Goalpara, in Sessions Case No. 329/2012, convicting and sentencing the accused-appellants to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each, with a default clause, under Sections 302/34 IPC. The case for the prosecution is that, the PW3, Markas Munda, lodged an FIR with the in-charge of Simlitola Police Outpost, on 24.9.2011, alleging that on 23.9.2011, the accusedappellants came to his house in search of his brother/deceased, Marshal Munda, alleging that he had committed theft of a bicycle on 15.9.2011, i.e. on the day "Karampuja" in the Simlitola Tea Estate. The accused-appellants found the deceased in the house of his sister/PW5, dragged him out, and also assaulted, following which, he sustained injuries and was taken to Simlitola Primary Health Centre (hereinafter referred to as 'PHC') for treatment. He was, then, referred for better medical treatment, to Goalpara Civil Hospital although on the way to Goalpara Civil Hospital, he had to be hospitalized in the Dudhnoi PHC as his condition got deteriorated. He succumbed to his injuries in Dudhnoi PHC.
(2.) On receipt of the FIR, through Simlitola Police Out Post, the Rongjuli Police Station registered a case, being No. 80/2011, under Sections 302/34 IPC, investigated into it, collected evidence, and on completion of investigation, laid the charge-sheet against the appellants under Section 302/34 IPC.
(3.) After exhausting all the required legal formalities, the trial court framed a formal charge against the appellants, under Sections 302/34 IPC. The appellants pleaded innocence to the charge and claimed to be tried. Therefore, the trial commenced.;

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