DURGESWAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The alleged stealing of a duck resulted in the death of a person and conviction of these two accused u/s. 302 IPC for life, in addition to the aforesaid conviction, accused No. 2 Bankim Kalita was convicted for 5 years with a fine u/s. 326 ]]PC. Both the sentence are to run concurrently.

(2.) The brief facts are as follows : A duck belonging to the family of the informant was missing on 31.3.90 and later on they came to know that duck meat was prepared in the house of the accused and accordingly, the informant alongwith some other persons of the village went to the house of Nazim Kalita and found that the duck meat was prepared there. They tried to have a 'bichar' at village Namghar and that was to be held at about 9.30 p.m. and it was at that point of time, Durgeswar (A1) and Bankim (A2) attacked the father of the informant Tarun Kalita and elder brother Sadit Kalita and brother Jagen Kalita from behind in an unprovoked manner and it is stated that they were injured in such attack and thereafter, they were taken to Rangia Hospital and there the doctor declared the father to be dead and rendered treatment to other injured persons. It is also alleged that when the informant along with another person Prabhat Sarma tried to interfere they were also attacked and they also sustained injuries. On the basis of this information, a case was registered, these two persons were arrested, charge was framed u/s 302/34 IPC and u/s 326 IPC.

(3.) PW 1 Parameswar Kalita, the informant deposed that having learnt that the duck in question went to the house of accused from Mano Kalita, they went there and found that duck meant was being prepared. On being questioned, they told that it was not duck, but chicken meat which was being prepared. Thereafter; it was decided that this matter should be sorted out at the Namghar. As soon as the people reached the road from the courtyard of the accused persons, accused Durgeswar (a1) gave a cut blow on the right thigh of his father and accused Bankim (a2) also stabbed Sadhit and Jogen from behind with a dagger. The father and the elder brother were taken to Rangia Hospital in a pushcart. The father was declared to be dead. Sadhit and Jogen were kept for the night in the hospital. They went to hospital on foot. Thereafter, the information was lodged. A suggestion was given that one Chandradhar had assaulted Bankim. Another suggestion was given that Sadhit, Parameswar and Jogen had assaulted the father of the accused.