Decided on July 18,2018

Narendra Kumar Nath And Anr Appellant
STATE OF ASSAM And ANR Respondents


Ajit Singh, C.J. - (1.) This appeal is directed against the judgment and order dated 7.08.2014, passed by the learned Sessions Judge, Bongaigaon in Sessions Case No.93(K)/2006, whereby the learned Sessions Judge convicted the appellants under Section 302/307/34 IPC and sentenced them to Rigorous Imprisonment for life and a fine of Rs.2,000/- each with default stipulation.
(2.) As per the prosecution case on 19.03.1992, when the victims Jisnu and Tapan Brahma along with their friends were coming back from the house of one Tuke Bahadur, one police personal belonging to 7th APBN opened fire upon them without any provocation. Both Jisnu Basumatary and Tapan Brahma sustained bullet injuries and Jishnu Basumatary succumbed to the injuries. Initially a GD entry was made on the basis of an information given by one Saheb Bahadur, in-charge of 7th APBN, to the effect, that two boys suspected to be involved in the previous day's incident were shot by the police and both the injured were sent to hospital. In the meantime, A.R. Basumatary, father of the deceased, Jishnu, lodged the FIR, Exhibit3.On the basis of the said FIR (Ex 3), police registered Kokrajhar PS Case No.68/1992 under Sections 302/326/307/34 IPC. During investigation, police arrested both the accused/appellants and seized one '303' rifle and 3 numbers of empty cases of '303' cartridges from the appellant Narendra Nath, constable No.237, vide Exhibit-13, seizure list. One '303' rifle with a baynot was seized from the accused/appellant Rabiram Bhuyan. PW-10, the Executive Magistrate, prepared the inquest report. The investigating officer recorded the statement of the witnesses and the dead body was sent for post-mortem examination.
(3.) Pw-11 Dr. Syed Mainul Hoque conducted the post-mortem examination on the body of the deceased and found the following injuries: (1) One charred entry wound of bullet at the middle of the left arm at the (illegible) posterior axillary line circular, 1 cm diameter present, one exit wound at the junction of the upper & middle part of left arm at the anterior axillary line circular margins everted & diameter 1.5 cm present, one charred area of injury over the left side of the chest extension from left side of middle part of sternum to left, quardingular in shape, irregular margins & loss of skin & subcutaneous tissues sixed 4" 5" exposing the muscles presents, one charred entry would present on lower & medial part of this area circular and 1 cm in diameter, one exit wound present just lower end of posterior fold of axilla margins everted, circular and diameter is 1.5 cm. One abrasion over the forehead of 1t. Side present 1" " (ii)Walis ribs and cartilages : Wall blood stained Rib 3rd fractured at the thrice inter coastal (illegible) spaxce medially other healthy. iii)Pleura of Rt. Lung healthy, but that of left lung lacerated and blood present in the left pleural cavity. (iv) Left lung : Upper lobe lacerated at the medial surface lower part, lower lobe lacerated at the medial surface upper part. (v) Pericar (dium) : Lacerated (vi) Heart : Two lacerations present over the antero lateral surface of left ventricle, heart empty. The doctor opined, that the death was due to shock and haemorrhage following antemortem firearm injury. It was also elicited during crossexamination of the doctor, that the deceased was shot from a distance of within 1 feet.;

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