SUBODH PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being aggrieved by their conviction Under Section 302/149 of Indian Penal Code ('IPC') and sentence to suffer imprisonment for life and also to pay a fine of Rs. 5,000 each, in default, to undergo R1 for further 6(six) months, as recorded in the judgment and order dated 8.10.2009 by the learned Additional Sessions Judge (Fast Track Court), Cachar, Silchar, in Sessions Case No. . 22/2008, the Appellants are in appeal. Incidentally though, along with them one Shri Pradip Ghosh was also made to stand trial by the decision impugned herein, he was acquitted of the aforementioned charges.

(2.) We have heard Mr. A.M. Mazumdar, learned senior counsel assisted by Mr. I.H. Laskar and Ms. S. Seal, advocates for the Appellants, Mr. Z. Kamar, the learned PP, Assam and Mr. N.J. Das, advocate, for the informant.

(3.) The trial from which the impugned decision emerges, is traceable to the FIR dated 17.7.2005, lodged by one Shri Sunil Baishnab with the Officer-in-Charge of Gumrah PIC alleging that at about 10 p.m. on 16.7.2005, the accused Appellants out of previous grudge, came in a truck bearing No. AS-01-C/7419 from the side of Baleswar Stone Quarry and after stopping the same in front of his office at Digarkhan, assaulted his brother Agni Baishnab. According to the informant, he was at that point of time sitting in his office along with Shri Lembadhar Baishnab and Debendra Baishnab and that seeing the assault, they came out raising alarm. On reaching the place of occurrence, they saw that the injured was lying on the ground. According to the informant, the accused Appellants then boarded in the truck in which they had come and the accused Appellant No. 1 drove it over the injured killing him on the spot. It was further alleged that at the time of fleeing, the truck hit a Maruti Car bearing registration No. AS-11-A/4244, belonging to one Amar Chand Jain damaging it in the process.