MALIRAM HAZARIKA AND 4 ORS Vs. STATE OF ASSAM AND ANR
HIGH COURT OF GAUHATI
Maliram Hazarika And 4 Ors
STATE OF ASSAM And ANR
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Ajit Singh, J. -
(1.) Five appellants, namely, Maliram Hazarika, Gopal Hazarika, Nabin Hazarika, Bhaskar Hazarika and Rupam Hazarika have been convicted under Section 302/149 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/-, each with default stipulation. They have also been convicted under Section 148 of the Indian Penal Code and sentenced to two years of rigorous imprisonment and fine of Rs.500/-, each with default stipulation. However, the jail sentences are directed to run concurrently.
(2.) The victim of the incident was Golap Hazarika, aged about 55 years. He was a brother of the appellants, namely, Maliram Hazarika, Gopal Hazarika and Nabin Hazarika. Appellant Rupam Hazarika, being the son of Maliram Hazarika and Bhaskar Hazarika, being the son of Gopal Hazarika, are the nephew of Golap Hazarika. They all lived in Golaghat District.
(3.) According to the prosecution case, at about 9 a.m., on 04/10/2008, when Gobin Hazarika went to tether cows in his land, the appellants assaulted him with sharp weapons in the field. The wife-Charu Hazarika (PW-2) of Gobin Hazarika coming to know about the occurrence came to the place of occurrence and found Gobin Hazarika lying injured on the ground. In the meantime, Cheniram Hazarika (PW-5), Sanku Tamuli (PW-6) and Krishna Hazarika (PW-7) also arrived at the place of occurrence.;
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