GUWAHATI, India, April 7 -- Gauhati High Court issued the following order on March 5:

1. Heard Mr. K. Sarma, learned counsel appearing for the appellant. Also heard K.K. Das, learned Additional Public Prosecutor appearing for the State of Assam.

2. The relevant facts of the prosecution case, in brief, is that on 17.05.2001, the complainant Sri Jadav Nath of village Nij Bihaguri, Tezpur filed a written Ejahar before the Tezpur Police Station stating that accused persons, Sri. Homeswar Nath @ Soru Nath and Sri Pabin Nath, both of same village, had come at about 6:00 p.m, armed with lathi in their hands on the public road in front their house and while Khagen Nath was walking on the road, accused persons suddenly attacked Khagen Nath and injured him seriously. Many people gathered and both of the accused persons fled away.

3. After receipt of the aforesaid ejahar, the Tezpur Police Station Case No. 313/01 u/s 341/325/326/34 IPC was registered and investigated. During the investigation Khagen Nath died. Accordingly, an inquest was done and the dead body was sent for post mortem examination by the I/C GMC, Hospital. The I/O prayed for adding Section 302 IPC against the accused persons.

4. On completion of investigation, IO submitted Charge-sheet u/s 302 IPC against the accused persons namely Homeswar Nath, Prabin Nath and Mridul Nath. The Trial Court framed the following point for determination.

i) Whether on 17-05-01 at village Nij Bihaguri under Tezpur Police Station, the accused persons Sri Homeswar Nath @ Saruram and Sri Prabin Nath on being instigated by Sri Mridul Nath committed murder by intentionally giving blows by means of lathi on the head of Shri Khagen Nath, caused the death of Sri Khagen Nath and thereby committed an offence and are punishable u/s 109/302/34 of IPC and also Mridul Nath committed an offence under Section 323 of IPC?

5. To come to a decision as to the extent to which the prosecution has proved the case u/s 302/24 of IPC against the accused persons Homeswar Nath and Prabin Nath and Mridul Nath, the evidence on record was analyzed, along with exhibits and other materials on record and the statements of the witnesses were discussed.

The learned Trial Court found PW7, PW8 and PW9 to be vital witnesses.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9SL3DFfoD9K%2F3VHbz3EEmo%2F4mPQqFy%2BcHg6BKN6TGu0S&caseno=Crl.A./146/2014&cCode=1&cino=GAHC010124212014&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.