MANIK DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Gauhati High Court dismissing the appeal filed by the appellants. The appeal was directed against the judgment dated 31-8-2004 passed by learned Additional Sessions Judge convicting the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) and sentencing each to undergo imprisonment for life and to pay a fine of Rs. 2000/- with default stipulation.

(2.) Background facts in a nutshell are as follows : On 27th December, 2000, at about 11.00 a.m., one Probin Das, brother of Anil Das (hereinafter referred to as the deceased) made a complaint to the officer in charge of the Teok Police Station that at about 6 a.m. on the same day Shri Manik Das s/o Late Duti Das, Shri Bimal Das s/o Sh. Manik Das and Shri Dipak Das s/o Shri Manik Das along with two others assaulted his brother Shri Anil Das with spears thereby severely injuring him while he was ploughing the field. He also stated that deceased Anil Das was taken to the Kakajan hospital for treatment but he died there. Accordingly, a case No. 35/2000 dated 27-12-2000 was registered under Sections 147 and 302 IPC.

(3.) On 4th January, 2001, nearly a week after the alleged incident, the statements of Phukan Das (PW-1) and Kunmoni Borah (PW-7), the alleged eyewitnesses, were recorded by the Judicial Magistrate, Ist Class, Jorhat under Section 164 of the Code of Criminal Procedure, 1973 (in short the Cr. P. C.). On 13th May, 2002 charge sheet No. 45 of 2002 was filed against the appellant herein in respect of offence punishable under Sections 147 and 302 IPC. By order dated 27th October, 2003, the case was committed by the learned SDJM(S), Jorhat, to the Court of the Sessions Judge, Jorhat for trial of offences under Section 302 read with Section 147 IPC. On 13th November, 2003, the learned Additional Sessions Judge, Jorhat framed charge under Section 302 read with Section 34 IPC against the accused.