HIRALAL BAISNAB Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned senior advocate for the appellants and Sri B. Banerjee learned Public Prosecutor, Assam.

(2.) The five appellants before us were convicted of the offence under Section 302 IPC read with Section 149 IPC by the Addl. Sessions Judge, Cachar, Silchar, in Sessions Case No. 69/97 and sentenced to imprisonment for life and also to pay fine of Rs.500/- each in default of payment of fine, to undergo further imprisonment of one month. The appellants were also convicted and sentenced u/s 148 and 341 IPC read with Section 149 IPC.

(3.) The prosecution case is that on the date of occurrence i.e., 25th of December 1993, PW-2 Shri Ganga Charan Baisnab, PW-7 Sri Ramani Baisnab and the deceased Harendra Ch. Baisnab were returning home from Gumrabazar, The time of occurrence was about 5 p.m. When PW-7 reached near his house he parted company and proceeded towards his house. PW-2 and the deceased proceeded further and suddenly all the five accused persons armed with dagger, sword, ballam, dao etc., appeared at the scene and started assaulting Harendra. Both Harenda and PW-2 raised alarm, hearing which, Ramani also returned back to the place of occurrence. The accused persons after assaulting the deceased left the place. PW-2, PW-7 with the help of others, carried the injured to the Police Outpost. Hiralal Baisnab, son of the deceased on receiving information came towards the place of occurrence and met the group on the road. He was informed by PW-2 and others about the assault by the accused persons. PW-1, thereafter, lodged the F.I.R. Ext.1 naming the accused/appellants. The injured was sent to Kalain P.H.C., where doctor declared him dead. Post-mortem was conducted and police after usual investigation, submitted charge-sheet.