UMESH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 26-4-2001 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 67(J-J) of 1996 convicting the appellants under S. 302 read with S. 34, I.P.C. and sentencing all the appellants to undergo imprisonment for life and to pay a fine of Rs. 500.00 each, in default, to rigorous imprisonment for one month each. In addition, Dulai Das was also convicted and sentenced under S. 323, I.P.C. to rigorous imprisonment for 3 (three) months. We have heard Mr. A. Thakur, learned counsel for the appellants and also heard Mr. Noor Mahmmad, learned Public Prosecutor.

(2.) On 13/02/1995 an ejahar was lodged by Smti Tanu Dey, wife of the deceased Narayan Dey before the Officer-in-Charge, Mariani Police Station alleging inter alia that on 13-2-1995 at 10 a.m. the appellants-Umesh Das along with his sons namely, Jatin Das and Dula Das assaulted her husband Narayan Dey and their children including herself. As a result of the injuries sustained, her husband Narayan Dey died. Other injured persons had to undergo medical treatment. It was further alleged that her deceased-husband was thrown by the appellants from the embankment into the river side below.

(3.) On commitment, the trial Court framed charges against the accused persons on the first count for causing death of Narayan Dey under S. 302, I.P.C. read with S. 34, I.P.C. and on the second count under S. 323 read with S. 34, I.P.C. for causing injuries on the person of the members of victim family. On conclusion of the trial the learned Sessions Judge convicted and sentenced all of them as aforesaid.