TOSESWAR CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment dated 20-8-1996 of learned Sessions Judge, Dhemaji, in Sessions Case No. 103(DH)/1992. By the said judgment, the learned Sessions Judge has convicted the appellants under S. 147, I.P.C. and also under S. 302, I.P.C. For the offence under S. 147, I.P.C. the learned Sessions Judge has imposed a sentence of rigorous imprisonment for two years on all five appellants, and for the offence under S. 302, I.P.C. he has imposed a sentence of rigorous imprisonment for life and fine of Rs. 1000.00 each and in default, further rigorous imprisonment for one year, sentences are to run concurrently. All the five persons who have been convicted and sentenced have filed this appeal.

(2.) The case started with an FIR lodged by Smt. Mukheswari Chutia on 10-1-1988 with the Officer-in-charge, Demaji Sadar Police Station alleging that in the evening of 9-1-1988, five appellants surrounded her husband Narayan in front of the gateway of the house and assaulted him and badly injured his eyes, mouth and waist. Narayan was thereafter sent by the police to hospital for treatment where he succumbed to his injuries on 14-1-1988. Investigation was carried out and a charge-sheet was filed. On 2-1-1992, the learned Judicial Magistrate, 1st Class, passed order in GR Case No. 30/1988 committing the case to the Court of learned Sessions Judge for trial. On 5-7-1993, the learned Sessions Judge framed charges against the appellants under Ss. 147/302, I.P.C. Appellants pleaded not guilty and the case proceeded for trial.

(3.) At the trial, Smt. Mukheswari Chutia, who lodged the FIR, was examined as P.W. 1. She stated that there was a dispute relating to purchase of a plot of land from the appellant, Tarun Chutia, and in the evening of the date of occurrence, appellants-Tosheswar, Sarbeswar, Tarun, Loheswar and Phuleswar being armed with lathis, iron ods, etc. came to her house, and when they beat the fence her husband Naryan came out to courtyard enquiring as to who was beating the fence, and Tosheswar dealt a blow on the head of her husband. Immediately her husband fell down on the ground and as soon as he fell down, other accused persons also beat her husband. She came out of the house shouting as to why he was screaming and he said that Tosheswar hit him. She has further stated that he (Tosheswar) also beat her son Sunil Chutia, and after beating them the appellants fled away. P.W. 1 has further stated that she and her son lost their sense and regained their sense only in the next morning and found Narayan lying with injuries on his head, eyes, chest and legs. She went to police station and got an ejahar written. Police took them including Narayan to the hospital in a police vehicle and after six days her husband Narayan died in the hospital. P.W. 2, the son of Narayan and P.W. 1, was also examined who has generally corroborated the aforesaid story given out by P.W. 1, but has stated that he could not recognise the persons who assaulted in the dark. P.W. 3 is a local resident who has stated that he came to know from the public that Naryan had died following a fight, but he did not know who assaulted whom in the fight. P.W. 4 is another local resident who has stated that she does not know how Narayan died. P.W. 5 is the daughter of Narayan and she has stated that she does not know how he died. The doctor who carried on post-mortem examination on the dead body of Narayan at Dhemaji Civil Hospital has been examined as P.W. 6. The post-mortem report has been exhibited as Ext. 1. He has stated that during post-mortem examination on 15-1-1988, a stitch wound over the left temporal region of the dead body of Narayan was seen and on removal of stitches, lacerated wound of the size 2" x 1/2" bone deep was found, and on dissection there was linear fracture of temporal bone at the side of the wound. According to his opinion, the cause of death was due to shock and haemorrhage complicated with the injury to the vital organ (brain). The IO has been examined as P.W. 7, and he has stated that he has prepared the inquest report, Ext. 2, and that after investigation he submitted charge-sheet against the accused persons, and the accused persons who were earlier absconding surrundered before the Court. After the prosecution evidence, all five accused persons were examined on the evidence against them on 24-7-1996. On 20-8-1996, the learned Sessions Judge delivered the impugned judgment holding the appellants guilty of the offences under Ss. 147 and 302, I.P.C. Aggrieved by the said judgment of the learned Sessions Judge, the appellants have filed this appeal.