Raju Das vs State of Assam - 2023 Supreme(Gau) 595

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 595

MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Raju Das – Appellant
Versus
State of Assam – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr. AH Alamgir Ms. B Choudhury, Amicus Curiae
For the Respondent: Ms. B Bhuyan, Mr. NH Mazarbhuiyan, Mr. NBP Singha.

JUDGMENT :

M.Zothankhuma, J

Heard Mr. AH Alamgir, learned counsel for the appellants, Ms. B Chowdhury, learned Amicus Curiae, Ms. B Bhuyan, learned Additional Public Prosecutor appearing for the State of Assam, Mr. NH Mazarbhuiyan, learned counsel and Mr. NBP Singha, learned counsel for the informant.

2. The two appeals have been filed against the impugned judgment dated 16.05.2019, passed by the court of the learned Sessions Judge, Hailakandi in Sessions Case No. 19/2017, by which the three appellants have been convicted under Sections 341/302/34 IPC for the offence of committing wrongful restraint and murder of the deceased, Harendra Singha. The three appellants have been sentenced for life with a fine of Rs. 2,000/-, each, in default two months rigorous imprisonment under Sections 302/34 IPC. They were also sentenced to undergo simple imprisonment for one month under Sections 341/34 IPC. The sentences are to run concurrently.

3. The prosecution case, in brief, is that on 30.07.2014, the informant, who is prosecution witness No. 1, in short “PW1”, lodged an FIR dated 30.07.2014 with the Officer-In-charge of Lala Police Station, alleging inter alia that on 29.07.2014, at about 09:30 p