STATE OF ASSAM Vs. KAILASH TALUKDAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 2.9.2003, passed by the learned Sessions Judge, Barpeta, in Sessions Case No.54/2001, under Sections 302/201/120(B) of the Indian Penal Code (for short, 'IPC').

(2.) We have heard Mr Z. Kamar, learned Public Prosecutor, Assam, appearing for the State appellant and Ms N. Bharali, learned counsel, appearing for the respondents. The respondents in this appeal were the accused persons in the said Sessions Case.

(3.) The prosecution case, in brief, is that, on 22.8.1991, at about 12 noon, Sri Nagen Deka (hereinafter referred to as 'deceased') went to their paddy field to provide tea and snacks etc. to the persons engaged in his paddy field. At that time, one person, namely, Sri Jatin Das (since deceased) called him, but on being refused to respond, accused Sri Kailash Talukdar, Sri Subash Baishya, Sri Ranjit Baishya, Sri Nibaron Baishya, Sri Bhagaban Baishya and Sri Chandan Baishya appeared there and forcibly took him to the nearby club(Sangha), and killed him by assaulting with iron rod etc. Thereafter, the dead body of the deceased was thrown to Kaldia river, wherein the same was found floating on 24.8.1991 at about 6 p.m.