ARUN TURI Vs. STATE OF ASSAM

JUDGEMENT

(1.) We allowed this Criminal appeal on 23.4.02, for the reasons to be recorded later on, after hearing Mr. A Thakur, learned council for the appellants as well as Mr. G. Choudhury, learned Public Prosecutor, Assam to the extent that the conviction of the accused appellants under Section 320, IPC was converted to conviction under Section 326 read with Section 34 IPC and sentenced them accordingly to imprisonment already undergone by them and the reasons for allowing the appeal above noted are now stated as follows:

(2.) The impugned Judgement and order dated 26.3.1999 passed by the learned Sessions Judge, Golaghat in Sessions Gase No. 107/95 convicting the appellants under Section 302 IPC is the subject matter of challenge in this Criminal Appeal before us.

(3.) The prosecution case in brief is that on 19.6.1993 there was an incident of marpit between the sons of Lokheswari Turi (P.W-2) and Arun Turi (Appellant No.1) and as a sequel of the said incident the wife of appellant No.1 and appellant No.3 abused and assaulted Lakheswari Turi the wife of the victim late Tileswar Turi. On being assaulted the PW-2 went to Dergaon Police Station to lodge an FIR but she was advised by the Police to come in the next morning. Thereafter in the morning of 20.6.1993 the P.W-2, Lokhesv/ari Turi while proceeding to Dergaon Police Station accompanied by her minor son Jadav and her deceased husband, Tileswar Turi at about 6 A.M. in front of the house of one Kamal Turi (P.W.-3) the appellants intercepted them and tried to attack them. Out of fear they entered into the Court yard of Kamal Turi. Then Basudev Turi gave a lathi blow to the deceased and felled him down on the ground. Later on deceased, Tileswar Turi was assaulted and he was tied up with a rope and dragged him to the house of appellant No. 3 (Basudev Turi). Due to the assault at the house of appellant No. 3, the deceased Tileswar Turi suffered serious injuries for which he had to shift to Golaghat Civil Hospital for treatment wherein he succumbed to his injuries after three days.