GOPAL CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment and Order dated 21.07.2003 passed by Shri T Phookan, Learned Sessions Judge, Karimganj in Sessions Case No. 42 of 2001 whereby the learned Sessions Judge has convicted the appellants under section304 Part-II/ 34 of the Indian Penal Code ( IPC) .On such conviction, the appellants have been sentenced to undergo rigorous imprisonment for 3(three) years and also to pay fine of Rs. 500/- each with default stipulation of further rigorous imprisonment for 3 (three) years. The appellants are brother and they have filed this appeal jointly.

(2.) Heard Mr. HRA Choudhury, learned Senior counsel for the appellants. Also heard Mr. K. Munir. learned Addl. P.P. for the State of Assam. I have also perused the impugned Judgment and evidence on record.

(3.) As could be gathered from the record, both the accused persons and the deceased had agricultural land adjacently. On 17.09.1999 at about 2 P.M., an altercation took place between the deceased and his sons on the one side and the accused persons on the other side regarding tending of cattle. After few hours of the said altercation, the incident of physical assault took place. It is the prosecution case that while the deceased and his sons and daughters were returning home, they were wey-laidby the appellants and assaulted Rameswar Chauhan at random with a lathi and dao. On the same night, at about 8 P.M., the FIR was lodged naming sixpersons as the assailants. The FIR was registered as Ratabari Police Station Case No. 192 of 1999 under section 147/ 341/ 325 of the IPC. Subsequently Section 302 of the IPC was added when Rameswar Chauhan died in the hospital on 05/10/1999. After investigation, charge sheet was submitted against the appellants only and they have been tried for the offences under section 323 and 304(I) Part-I read with section 34 of the IPC.