Criminal Appeal No. 52 (J) of 2012. Case: Budheswar Orang @ Ram & Anr. Vs The State of Assam. Guwahati High Court

Case NumberCriminal Appeal No. 52 (J) of 2012
CounselFor Appellant: Mr. Z. Hussain, Learned Amicus Curiae, Adv. and For Respondent: Mr. KA Mazumdar, learned Additional Public Prosecutor, Assam.
JudgesMr. Ajit Singh, C., N. Chaudhury, JJ.
IssueIndian Penal Code - Sections 302, 304
Judgement DateMonday September 05, 2016
CourtGuwahati High Court

Judgment:

Mr. Ajit Singh, C.J

  1. Appellants -- (i) Budheswar Orang @ Ram and (ii) Pradip Orang alias Choto have been convicted under Section 302 read with 34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,500/- each or in default, further simple imprisonment of one month each.

  2. The victim of the incident was Sonaton Patra, aged 28 years.

  3. According to the prosecution case, on 5.11.2010, around 10 p.m., both the appellants along with co-accused Mandai @ Mohindra Orang caused injuries to Sonaton with their fist blows. The incident took place on the playground of Ajgar Line of Dessoi Tea Estate. The appellants as well as Sonaton were small employees in the Tea Garden. Lakhi Patra (PW-6), wife of Sonaton, informed about the incident to Donadon Patra (PW-1) who is brother of Sonaton. He immediately rushed to the place of occurrence. At that time, Sonaton was unable to speak. Since Sonaton was an employee in the Tea Garden, he was immediately taken to Garden Hospital, where he was admitted around 10.30 a.m. On 6.11.2010, Sonaton was shifted to Jorhat Medical College & Hospital. He however died on 7.11.2010. Donadon then made the ejahar at Deberapara Police Outpost falling within the jurisdiction of Police Station Mariani.

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