SUBRATA GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Ganguly, learned counsel appearing for the appellant. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, Assam.

(2.) An ejahar was lodged on 13.01.1989 by one Mrigen Das, son of Late Prasad Das of Rihabari, inter alia, alleging that at about 10P.M., on 13.01.1989, some 15/20 miscreants armed with deadly weapons like stick, rod chain etc., attacked Ratul Malla Bujar Barua, Ranjit Das and Rabin Patowari on the road at Madhabdevpur and caused grievous injuries to them and thereafter fled away from the place of occurrence. The injured were immediately taken to the Gauhati Medical College and Hospital at Guwahati and were given treatment, but in doing so Rabin Patowary died in the hospital. The ejahar also stated that Ratul Malla Bujar Barua had recognized one Atul, who worked as a peon in Statefed, Bhangagarh and Gopal who worked at Orient Motor Garage and he would be able to identify the other four persons if he sees them. Accordingly Paltan Bazar PS Case No. 24/89 was registered under Sections 147/148/302/325 of the IPC. Upon investigation being completed, the charge sheet was submitted, based upon which charges were framed against the following persons namely, Kajal Deb, Subrata Ghose, Atul Ao, Mono Mahanta, Dilip Roy, Kamakhya Mondal, Parimal Mandal and Sankar Saha.

(3.) It is stated that out of the eight persons against whom the charges were framed, two of them namely, Atul Ao and Sankar Saha died during the trial itself. The first three charges were respectively under Sections 147, 148 and 149 of the IPC on the ground of unlawful assembly being formed by the accused person for prosecution of a common object. The fourth charge was under Section 325 of the IPC for having voluntarily caused grievous hurt to Ratul Malla Bujar Barua and Ranjit Das by lathi, iron rod and chain and the fifth charge was under Section 302 of the IPC for having intentionally committing murder of Rabin Patowary.