Decided on March 28,2018

Krishna Das And Another Appellant
STATE OF ASSAM Respondents


Ajit Singh, J. - (1.) The appellants Krishna Das and Hari Das have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation. They are also convicted under Section 342/34 of the Indian Penal Code and sentenced to suffer imprisonment for 1(one) year. Both the sentences have been directed to run concurrently.
(2.) The victim of the incident was Sanjib Dutta, aged about 60 years. He was a co-villager of the appellants.
(3.) According to the prosecution case, the appellants Krishna Das and Hari Das are cousin and they had a quarrel with Sanjib Dutta a few days before the occurrence and they also filed one complaint. However, the matter was later on amicably settled. But on 1/10/2012 at around 8 a.m., Hari Das came to the house of Sanjib Dutta at the instance of Krishna Das and took Sanjib Dutta with him for a walk. At that time Sanjib Dutta was with his wife Bella Dutta (PW-1). When Sanjib Dutta did not return home quite late in the evening, Bella sent her 10 year old son-Tinku Dutta (PW-6)-to the house of Krishna Das in search of her husband. After sometime, Tinku returned home crying and informed his mother Bella that appellants were beating Sanjib Dutta in their house with a rod and lathi by tying his hands and legs and putting a gag in his mouth. Bella then rushed to the house of appellants where she found Sanjib Dutta tied with rope to a pole. Seeing Bella, both the appellants charged her who fled to the Police Station for help. Some neighbours of appellants viz. Alaka Das (PW-2), Smti Milan Dutta (PW-5) and Bharati Das(PW-9) also reached the house of the appellants and there they found Sanjib Dutta in an injured state being tied up. In the meantime, Bella returned with the police and then only Sanjib Dutta could be untied and freed from the clutches of the appellants. The appellants were then arrested by the police. Krishna Giri (PW-3) was going to the market around that time and he too was informed by one Jiten Sarma that the appellants were assaulting Sanjib Dutta and so Krishna Giri also informed the Paneri Police Station over phone. Sanjib Dutta was rushed to the Paneri Hospital and from there he was discharged after some treatment. He, however, died on the following day morning in his house.;

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