NRIPENDRA NAMASUDRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant No.1 Girindra Namasudra (accused) was convicted under Section 302, I.P.C. for causing death of Ramesh Namasudra arid the other 9 appellants (2) Nripen Namasudra, (3) Upen Namasudra, (4) Akrumoni Namasudra, (5) Kuteswar Namasudra, (6) Ronjeet Namasudra, (7) Sushil Namasudra, (8) Lalmohan Namasudra, (9) Rishi Namasudra and (10) Pan mal Namasudra had been convicted under Sections 302/149, I.P.C. and all the 10 are convicted under Section 148 I.P.C. vide impugned judgment dated 28.6.1982 passed by the Sessions Juge, Cachar, Silchar in Sessions Case No. 132/1981. Girindra died during vendency of this appeal and his name was struck off from the appeal.

(2.) Occurrence took plaice on 12.12.1979 at about 7to 8 A.M. It was a harvest season and incident took place over reaping of paddy in the field. The prosecution case was that informant Naresh Ch. Namasudra (P.W. 3) with his father. Ramesh and brothers (witnesses) were harvesting paddy from their land, at that time the accused persons forming unlawful assembly attacked them with deadly weapons, caused injuries and killed Ramesh. Defence case was that accused party was in actual possession of that particular plot and grew that paddy and acted in exercise of right of private defence.

(3.) There was no dispute on the fact of death of Ramesh as a result of injuries in the incident. P.W.1 Dr. R. S. Rajkumar held post-mortem examination on the dead body of Ramesh and found 5 injuries of which injury No.1 was fatal. It was an incised wound over the right front parietal region of skull measuring 15 cm x 1 cm x bone deep, causing fracture of frontal-parietal skull, raptured membrane with subdural haemorrhage, injuring the brain matters. This was the cause of death, according to Doctor. The other 4 injuries being a penetrating wound over the left forearm and 3 lacerated wounds were of simple nature caused by points and blunt weapons. The Sessions Judge accepted the opinion of the Doctor. In view of the nature of the injuries over the head, we fully endorse the finding of the Sessions Judge and accept the opinion of the medical expert. Cause of death was due to head injury.