PRIYA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14-8-97 passed by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 10(S)/86, whereby both the accused appellants were sentenced to imprisonment for life and also with fine of Rs. 2000.00, in default to R.I. for another six months under Sections 302/34, IPC.

(2.) The facts in brief are that on the ill fated day of 20-1-85 the deceased Rebati Bhuyan along with his brother Tapan Bhuyan, and one Tarun Hazarika went to the land at Karchantala. They also carried bamboo and thatch in two carts driven by Ghana Kanta Bhuyan P.W.-7 and Golok Das P.W.8. When the complainant party reached the land they found accused appellants Priya Hazarika, Ananda Bania and one Sada Bania working in the field and when the deceased enquired as to what they are going in their field the accused persons attacked them with lathis, spears etc. whereupon members of the complainant party took to their heels. They were chased and Rebati Bhuyan and Tapan Bhuyan were assaulted and they sustained injuries. The accused Priya Hazarika struck spear blows on the person of Rebati Bhuyan P.W.4 Tarun Hazarika arrived at the place of occurrence in the meantime and he tried to remove Rebati Bhuyan to the hospital but Rebati died in the Courtyard of a neighbouring witness.

(3.) An FIR Ext. 2 was lodged by Tapan Bhuyan, brother of the deceased. The police after usual investigation submitted charge-sheet and the learned Addl. Sessions Judge, Sonitpur, Tezpur framed charges under Sections 302, 323/34, IPC against both the accused appellants. During trial the prosecution examined as many as 15 witnesses, defence examined three witnesses including accused Priya Hazarika under Section 315, Cr.P.C. On conclusion of the trial, the learned Addl. Sessions Judge convicted and sentenced the accused appellants as aforesaid. Hence the present appeal. 4. P.W.1 is Dr. Kartik Ch. Barkakati, who held the autopsy over the dead body of Rebati Bhuyan and found the following injuries on the person of the deceased :