CHAITU GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 4/12/2018 passed by the Division Bench of the Gauhati High Court in Criminal Appeal No. 62/2013, by which the High Court has dismissed the said appeal and has confirmed the conviction of the appellants herein - Chaitu Gowala and Ajay Ahari - original accused Nos. 2 & 1 respectively, convicting them for the offences under Ss. 302/392/148/323/149 IPC and sentencing them to undergo life imprisonment, original accused Nos. 2 & 1- Chaitu Gowala and Ajay Ahari respectively have preferred the present appeal.

(2.) The appellants herein along with other co-accused (70 in numbers) were tried for the offences under Ss. 302/392/148/323/149 IPC for having committed the murder of one Rupak Kumar Gogoi, Managing Director of the Company in which the accused persons were working. At the relevant time, the appellants herein were the President and Secretary of the Union. The prosecution examined PW3, PW4 and PW6 as eye witnesses who had identified the appellants and others accused. On conclusion of the trial and on appreciation of evidence, the trial Court acquitted 57 accused, however, convicted 13 accused including the appellants herein for the aforesaid offences and sentenced them to life imprisonment and also awarded different sentences for other offences. That the conviction of the thirteen accused including the appellants herein came to be confirmed by the High Court, by the impugned judgment and order.

(3.) Learned counsel appearing on behalf of the accused has vehemently submitted that as such there is no evidence against the appellants that they caused any injury to the deceased and/or participated in commission of the offences for which they are convicted. It is submitted that in fact the appellants were there as office bearers of the Union and when the talks were going on, the labourers gathered and attacked. It is submitted that in fact the appellants tried to control the situation, however, the mob attacked the deceased - Managing Director who succumbed to the injuries. It is submitted that there is no evidence that the appellants herein even instigated the mob. It is submitted that even considering the deposition of the eye witnesses as it is, it cannot be said that the appellants have committed any offence for which they are convicted, more particularly Sec. 302 IPC. Learned counsel appearing on behalf of the appellants has taken us to the deposition of the relevant witnesses.