STATE OF ASSAM Vs. FELANU MALAKAR

JUDGEMENT

(1.) THE respondents Felanu Malakar, Haricharan Malakar, Babul Malakar, Dhano Malakar, Achyut Malakar and Jiban Malakar were tried in the Court of Assistant Sessions Judge, Barpeta in G. C. Case No. 493/68 Under Section 148/304 Part II and Section 323/34 of the IPC On trial, the learned Assistant Sessions Judge came to the conclusion that the prosecution failed to prove the guilt against the respondents beyond reasonable doubt and, therefore, they were held not guilty and were acquitted by the order dated' 16 -5 -1974.

(2.) THE State has preferred this appeal against the aforesaid order of acquittal.

(3.) THOUGH the plea of respondents was of simple denial, they further pleaded that the respondent Jiban Kalita has his land contiguous to Braja's land and on the day of occurrence he was ploughing in his land along wilh his son Guda Kalita, when he saw Dhajo, Brajo, Sayambhu, Deben and Suren cutting earth with hoes for construction of a path over the land of respondent Jiban Kalita. When the respondent Jiban Kalita protested, Braja gave a blow on his head and Suren also assaulted him on his leg with the handle of the hoes. At that time Guda Kalita also came to save his father. When he had a scuffle with Deben (since deceased), Braja made an attempt to give him a blow on the head of Guda Kalita with the hoe in his hand which fell on the head of Deben, who sustained a serious injury and subsequently died in the hospital about two days after the date of occurrence. The respondents further pleaded that Sayambhu also pierced a 'Tiyar' in the person of accused Dhano from his back and thereafter the scuffle between the parties ended. The occurrence of this scuffle and/or 'marpit' between the parties has not been denied by the parties. The learned trial Court on evidence on record and on considering the respective case of the prosecution and defence acquitted all the accused persons (respondents herein) as against which this appeal has been preferred by the State, as stated above.