STATE OF ASSAM Vs. BARGA DEWANI

JUDGEMENT

(1.) These four appeals by special leave are directed against a common judgment of the Assam and Nagaland High court acquitting the respondents of the offence under S. 302/149, Indian penal code and will be disposed of by a common judgment. The four respondents in these appeals were convicted of the offence under the above S. by the Additional Sessions judge) Gauhati, in whose court they were tried jointly along with Nirendra basumatari. The victim of the offence was one Moni Ram Kotwal.

(2.) Nirendra Basumatari's conviction under Section 302, Indian penal code, was upheld by the High court but there being no appeal on his behalf against that order in these appeals we are not concerned with his conviction.

(3.) The prosecution story may now be briefly stated. On 20/05/1962) at about 10 or II a, m. the deceased Moni Ram alias Dhanbahadur and some; other Nepali persons were grazing their cattle in Angarkata government grazing Reserve which is described by P. W. 2; the informant, as Koirani reserve. The four respondents with Nirendra Basumatari, armed with deadlyweapons like bows, arrows and Lathis tried to take the grazing cattle for impounding them on the plea that these cattle had strayed into their thatched field in the Reserve. On protest being raised by the graziers the accused persons assaulted them and Nirendra Basumatari (whose case is not before us) , younger son of accused Barga Dewani (respondent incr. A. No. 76 of 1967) , shot an arrow at Mani Ram and killed him. There were about 16 or 17 Kacharis present at the place of occurrence on the side of the accused persons. Angresh (respondent in Cr. A. 77 of 1967) , is alleged to have hit P. W. 2 on his head with a Lathi. Barga Dewani) it is the prosecution case, instigated the accused persons to assault the graziers. Suren and Nibaran, another son of Barga dewani (respondents in Cr. As. Nos. 78 and 79 of 1967 respectively) ,'were also alleged to have shot arrows at the cow-herds.