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 DateSeptember 05, 2016
CourtGuwahati High Court


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.

  4. Dr. Gautam Hazarika (PW-7) conducted the post mortem examination on the dead body of Sonaton and found the following injuries:-

    i) lacerated injury over chin about 1" x ¼"

    ii) laceration over anaryin of lower lip about ¼"x ¼"

    iii) Abrasion over right side of forehead about 2"x1"

    iv) Abrasion over lumber region right about 1"x ½"

    v) Abrasion present over right side of forehead about 2" x 1"

    vi) Abrasion over occipital region about 2" x ½"

    vii) Fracture of right frontal bone about 2 ½" long

    The doctor, in his post mortem examination report exhibit 2, opined that Sonaton died due to head injury, which was ante mortem in nature.

  5. Lakhi Patra (PW-6) claimed to have seen the incident, whereas Donadon Patra (PW-1) and Ugrasen Patra (PW-2) stated that on their asking, Sonaton disclosed that appellants and Mandai @ Mahindra had assaulted him.

  6. Sub-Inspector Prateem Gogoi (PW-8) after investigation filed the charge sheet against the appellants for their trial under Section 302 read with 34 of the Indian Penal Code. Since Mandai @ Mahindra was found to be juvenile in conflict with law, he was proceeded separately.

  7. During trial, the appellants took the plea of false implication. In their defence...

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