RABI DEB BARMA Vs. STATE,

JUDGEMENT

(1.) R . S. Bindra, J.C. The appellants Rabi Deb Barma and Nehai Deb Barma, real brothers were committed to the Court of Session on a charge under Section 302, read with Section 34 of the Indian Penal Code, but were acquitted of that charge and instead convicted under Section 325 read with Section 34 of the Indian Penal Code. Each was sentenced to seven years' rigorous imprisonment and a fine of Rs. 1000/ -, or, in default additional rigorous imprisonment for one year. The trial Court directed that if the fine was realised it shall be paid wholly to the wife of Lakshman Deb Barma the deceased of this case. The convicts having felt aggrieved filed the instant appeal through jail but subsequently they engaged Shri R. Ghosh who has argued the appeal today on their behalf.

(2.) THE case of the prosecution can be set out in a few words. In connection with the marriage of Kamala P. W. 4, the daughter of Bhagirath Deb Barma P.W. 2, a feast was held in the house of the latter on 7.3.1964 in honour of the members constituting the bridegroom party. It was a term of the agreement! culminating in the marriage that the provisions required for the feast shall be supplied by the bridegroom party. When the members of the marriage party were being fed, the cooked meat ran short. Lakshman Deb Barma, an uncle of Bhagirath Deb Barma, called upon the members of the groom party to arrange for more meat. The two appellants, who were members of the groom party, curtly observed, in reply to the demand made by Lakshman Deb Barma, that the latter better enjoy "pieces of banana tree instead of meat". That observation gave rise to a quarrel between Lakshman on one hand and the two appellants on the other. The appellants felt irate and in fitful mood Rabi seized a piece of firewood lying closeby and gave a blow therewith on the head of Lakshman, who slumped. Nehai lost no time in securing another piece of fuel -wood and administered another blow on the head of Lakshman while he lay prostrate on the ground. Lakshman bled profusely from the two head injuries and lost consciousness. The appellants probably felt scared and so fled the place after dropping the weapons used by them. Bhagirath, the father of the bride Kamala, left immediately for the police station, Khowai, in company with Dayananda P. W. 5 and one Jatindra to report the occurrence. On the way they happened to meet Basanta Deb Barma P. W. 1, a real brother of Lakshman, and so Bhagirath narrated the occurrence to him, Basanta took upon himself the task of reporting the matter at the police station and so he went to Khowai and lodged the report Ext. P -1 (a) at 21.00 hours on 7.3.1964.

(3.) IT was P. R. Dutta P. W. 15 who registered a case on the basis of that F. I. R. and half -an -hour thereafter he left for the village of occurrence where he reached at 11.30 P. M. He prepared the injury statement and rough site plan. Thereafter he sent Lakshman to the hospital for treatment. However, Lakshman succumbed to his injuries at 9.50 A. M. on the 8th March.