Decided on November 29,2018

Pramod Baruah And Anr Appellant
STATE OF ASSAM Respondents


Mir Alfaz Ali, J. - (1.) This appeal is directed against the judgment and order dated 30-08-2016, passed by learned Sessions Judge, Jorhat, in Sessions Case No.132(J-J)/2010. By the said judgment, learned Sessions Judge convicted the appellants u/s 302/447 read with Section 34 IPC and sentenced them to imprisonment for life and fine of Rs. 10,000/- each with default stipulation u/s 302 IPC and simple imprisonment for six months and fine of Rs. 500/- each with default stipulation u/s 447 IPC.
(2.) As per prosecution case, on 01-09-2010, at about 7 O'clock in the evening, the appellants trespassed into the house of the informant (PW 1) and scolded her husband using abusive language, alleging, that he had disconnected the electricity supply and also threatened them with dire consequence. The appellants also dragged PW 3, his brother Rajiv Baruah (victim) and sister Sabitri Baruah (PW 2) to their house, fastened them with a post and inflicted multiple cut injuries to them. Later on, Rajiv Baruah succumbed to the injuries. The PW 1, Rekha Rani Baruah lodged the FIR (Ext.-1), on the basis of which, police registered Pulibar P.S. Case No. 91/2010 u/s 447/294/506/342/326/304/34 IPC and commenced investigation. During investigation, statement of the witnesses were recorded by police, inquest report on the body was prepared by PW 17, Sri Ghana Konwar and post mortem examination was conducted by Dr. Gautam Hazarika (PW 16).
(3.) Dr. Gautam Hazarika, who conducted the post mortem examination on the body of the victim found the following injuries : "In the frontal region over mid-line a 2" long scalp deep incised looking wound present. In the parietal region mid-line a 1 " long scalp deep laceration present. There is depressed fracture of left frontal and parietal bones near mid-line about 3" x 2". There is laceration in the underlying membrane with clotted blood about 2" x 2" x 1" underlying the membrane at fronto-parietal region left side. Hematoma over left fronto-parietal region about 2" x 2" x 1".;

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