DEBRAJ BHUMIJ Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The accused-appellant Debraj Bhumij was convicted on 18.8.75 by the learned Sessions Judge, Jorhat, in Sessions Case No. 86(S-S)/74 under Sec. 324, I.P.C. and was sentenced to undergo R.I. for one year. Originally, the accused-appellant was charged under sections 448/326/324/304 I.P.C. but on scrutiny of the evidence on record, the learned Sessions Judge found that the above-charges excepting the one under section 324 I.P.C. were not proved and, accordingly, the learned Judge found him not guilty under those charges.

(2.) The accused-appellant being aggrieved by the aforesaid judgment and order of conviction and sentence, has preferred this appeal.

(3.) To appreciate the various contentions of the learned counsel for the appellant and his criticisms relating to the findings of the learned trial Court, it would be necessary to state briefly the prosecution case at its out set. P.W. 8 Ananta Kumar Gohain, a Head clerk of Atiabari T.E. lodged an ejahar at the Demow Police Out post to the effect that the accused-appellant Debraj Bhumij dealt dao blows on the persons of Kamteswar Baroi and his daughter Rukmini Baroi and also assaulted with dao blows other 4 (four) persons including a child causing grievous injuries to all of them. On receipt of the ejahar at 7 P.M. on 19.12.71 on which date the occurrence took place at about 5.30 P.M. the police started investigation whereupon the appellant was to stand the trial on submission of the charge-sheet by the police. The learned Judicial Magistrate who committed the case to the Court of Sessions framed charges against the accused-appellant under the aforesaid sections of law under sections 448/326/324/301 of the Indian Penal Code. The charge under section 304, I.P.C. was framed due to the subsequent death of the child as a result of the injury sustained by dao blows of the accused appellant. In course of trial, the prosecution examined as many as 19 witnesses. According to the prosecution case as narrated in course of the trial, the accused run amuck on 19 12.71 and he assaulted one Lulu with a dao blow in the hotel of Sardari, then went to the house of Matiur Rahman and dealt dao blows upon Shanti wife of Matiur Rahman and her six months old son and one Nandi. Thereafter the accused came to the house of Kemteswar and similarly dealt Khukri blows on him and on his daughter Rukmini.