HAMIL KHASIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Singh, learned Counsel for the Appellant. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State Respondent.

(2.) By the judgment dated 26.11.2002 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 72/2000 the Appellants were convicted and sentenced under Section 324/34, IPC to undergo RI for 3 years and to pay Rs. 2,000 each, in default RI for another period for 4 months and also sentenced to undergo RI for 5 years and to pay fine of Rs. 5,000 each, in default RI for a further period of 6 months under Section 307/34, IPC, both the sentences being directed to run concurrently. This is under challenge in this appeal.

(3.) The prosecution case, in brief, is that on 19.3.1999, one Sri Subodh Roy S/o late Surendra Chandra Roy under Algapur P.S. lodged an ejahar to the Officer-in-charge of Algapur P.S. alleging that on 19.3.1999 at about 2 p.m., his brother Satyendra Roy alias Kutlai went to his ceiling surplus allotted land at Chandipur grant for cutting bamboos. At that time accused/Appellants Hamil Khasia, Wanchu Khasia and Renu Khasia confined him and began to assault him with fists and blows. Hearing his cry, his brother Monilal Roy came forward to rescue him but Hamil Khasia fired at Monilal from a gun. As a result, Monilal fell down sustaining severe bullet injuries on his person and he was taken to Silchar Medical College and Hospital for treatment. The accused/Appellants also assaulted his cousin Digendra and Bijoy Roy causing injuries on their persons. Accused/Appellant Wanchu was also carrying having a gun and while he aimed at them, he was over-powered by them. On hearing their cries, the nearby people came to the spot and snatched away the gun from the hand of Wanchu which was subsequently handed over to the Police. On receiving the said ejahar, the O/C Algapur Police Station registered a case being Algapur P.S. Case No. 30/99 under Sections 341/323/326/307, IPC and started investigation.