DHARMESWAR PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both appeals have been preferred against the same judgment, hence, taken together and disposed by this common order and judgment.

(2.) The victim Rajat and Ranjan, both are brothers and the accused persons also belonged to the same village and were neighbours. On the fateful day, i.e., on 29.01.1998, while both brothers were working in their house, the bullock belonging to the accused Bubul sustained injury and at this, at about 12'o clock, the accused Bubul dragged the victim Rajat and Ranjan from their house on suspicion that they have mutilated his bullock and they were tied nearby a Namghar and all of the accused persons assaulted both the victims, resulting severe injuries on their person. The mother of the victim who was in the house at that time, although resisted the accused persons from assaulting her sons, but the accused persons did not pay heed to the same. They kept on assaulting both the victims with the allegation that they have caused hurt to the bullock of Bubul. As the father of the victims went out for his daily hazira work, mother of the victim went to inform him and on return, it was found that Rajat was lying with severe injuries on his person. Police arrived and took Rajat to the hospital, but on the very day at night, he expired. The mother of the victim filed the FIR and a case was registered and investigated into and finally submitted charge sheet against all the accused persons under Sections 147/448/323/324/302 IPC.

(3.) All the accused persons faced the trial and denied the charge framed under Sections 323/34, 302/34 IPC and claimed to be tried. To bring home the charge, prosecution examined 9 (nine) witnesses and defence examined none. Plea of defence is of total denial. Statement of accused persons recorded and defence examined none. At the conclusion of the trial, accused persons were held guilty and convicted under Section 304 (II) IPC and sentenced each of the accused persons to RI for 3 years and also to pay a fine of Rs. 1,000/- each, in default, SI for one month. Further, each of the accused persons were sentenced to RI for 2 months and to pay a fine of Rs. 1,000/-, in default, SI for 15 days under Section 324 IPC. They are also sentenced to pay a fine of Rs. 1,000/-, in default, SI for 15 days, under Section 323 IPC, with a direction that such sentences will run concurrently.