BALAI KSHETRIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. R. Deuri, learned counsel for the accused appellants and Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the Opposite Party No. 1.

(2.) This appeal has been preferred by the accused appellants (i) Shri Balai Kshetriya, (ii) Shri Khusi Mohan Kshetriya, (iii) Shri Bidu Kshetriya and (iv) Shri Sudev Kshetriya being aggrieved with the impugned judgment dated 26.02.2015 passed by learned Additional Sessions Judge (Fast Track Court), Barpeta in Sessions Case No. 179/2011, arising out of Barpeta Police Station Case No. 27/2007 corresponding to G.R.Case No. 56/2007, whereby they have been convicted under Sections 323/324/302/34 of the Indian Penal Code, sentenced with Rigorous Imprisonment for Life with fine of Rs. 5,000/- each, in default to undergo Rigorous Imprisonment for another one year under Section 302/34 IPC, sentenced to pay fine of Rs. 500/- each in default to undergo Rigorous Imprisonment for one month under Section 323/34 IPC and further sentenced to undergo Rigorous Imprisonment for six months each under Section 324/34 IPC for causing death of Subal Khatriya, where the sentences to run concurrently.

(3.) The case was set into motion on receipt of an written ejahar dated 09.01.2007 (Exhibit-1) lodged by Sri Bangkar Khatriya (PW.1) before the In-Charge of Howly Out Post, stating that around 09:00 am on the previous day, i.e., 08.01.2007 the accused persons, namely, (i) Shri Bolai Khatriya, son of late Jaladhar Khatriya, (ii) Shri Khusi Mohan Khatriya, son of Shri Bolai Khatriya, (iii) Shri Sukhdev Khatriya, son of late Jaladhar Khatriya and (iv) Shri Bidu Khatriya, son of Shri Bolai Khatriya, all are resident of Village - Satbhanirtup, Police Station and District - Barpeta in a body trespassed in to their house and asked its inmates to vacate it. When his father, Subal Khatriya asked the accused persons as to why they should vacate their own house, the accused persons with iron crow bar assaulted his father in his head and caused grievous injury. Then he and his elder brother Sankar Khatriya (PW.2) requested the accused persons to leave their premises, whereupon the accused persons assaulted him and his elder brother injuring them severely. Hearing their hue and cry when the villagers came forward, the accused persons left their house. With the assistance of the villagers, while his father was taken to the Gauhati Medical College Hospital in a critical condition, he expired on the midway at Nalbari. By the said ejaharar the informant requested the authority concerned to take appropriate action.