PULEN PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellants have assailed the correctness of judgment and order dtd. 21/11/2015 passed by Gauhati High Court in Criminal Appeal No.113/2014 - Pulen Phukan and 10 others versus State of Assam whereby the appeal was dismissed confirming the judgment and order of Trial Court i.e. Sessions Judge at Dibrugarh passed in Sessions Case No.27 of 2000 whereby 11 accused were convicted under Ss. 147/148/447/323/302/149 of Indian Penal Code, 1860 and sentenced to Rigorous Imprisonment for life under Sec. 302/149 IPC and Rigorous Imprisonment for six months under Ss. 147/148/447/323 IPC. Further a fine of Rs.1,000.00 was imposed on each of the 11 accused and in default of payment of fine, to undergo further one-month Rigorous Imprisonment.

(2.) It would be relevant to note here that although trial was conducted against 11 out of 13 accused and all of them were convicted and sentenced as above, all the 11 convicted accused had preferred an appeal before the High Court which had been dismissed. However, before this Court only four of such accused have preferred an appeal, namely, Pulen Phukan (accused no.1), Jiten Phukan (accused no.3), Mridul Saikia @ Midul Saikia (accused no.5) and Mozen Phukan (accused no.2). Two of the thirteen accused namely Dhajen Phukan and Muhiram Phukan remained absconded and there is no material on record regarding their arrest or trial.

(3.) The prosecution story begins with lodging of a First Information Report(FIR) on 13/6/1989 at Police Station Chabua, District Dibrugarh, reported by Smt.Nareswari Phukan (PW1). It is a very short and crisp FIR which states that around 12 noon on 13/6/1989, thirteen residents of the village came to her house, cordoned off her house without any reason and caused grievous injury on the head of her brother-in-law Robi Phukan (PW 2) by giving blows with sharp weapons and three of the accused persons, namely, Mozen Phukan, Dulen Phukan and Haren Saikia committed murder of Pradip Phukan by assaulting him with sharp cutting weapons, necessary action may be taken regarding the said incident. This was registered as Chabua Case No.70/89 under Ss. 147/148,149,447, 302, 326, 34 IPC. The police came to the spot, made the necessary enquiries and after completing the formalities sent the dead-body of the deceased for post-mortem. They also collected some material from the spot for which recovery memos were prepared and the material taken into custody. After completing the investigation, charge-sheet was submitted on 3/5/1991 against eight accused, namely, Mozen Phukan, Mridul Saikia, Kuleshwar Chetia, Pulen Phukan, Baren Saikia, Dulen Phukan, Kiran Saikia and Harnath Saikia. Five accused could not be arrested as such they were not sent for trial being absconders, namely, Jiten Phukan, Dhajen Phukan, Muhiram Phukarn, Haren Saikia and Jiban Chetia. It appears that at some stage three more accused were arrested and they were also sent for trial. The two accused who remained absconding are Dhajen Phukan and Muhiram Phukan. The charge-sheet was submitted finding prima facie case for trial under Ss. 147, 148, 149, 447, 448, 324, 326 and 302 IPC.