THE STATE OF ASSAM Vs. LAKHINATH DUARA

JUDGEMENT

(1.) THIS appeal by the State of Assam is directed against an order of acquittal passed by the Sessions Judge. U.A.D. Jorhat in Sessions Case No. 40 (S -S)/67. There are five respondents in the case. Respondent No. 1 Lakhinath Duara and Respondent No. 2 Khora Chandra Duara had been charged under Sections 302/34. I.P.C. and these two respondents and the other three respondents, namely. Phatik Chandra Duara, Gangadhar Duara and Hazari Duara had been charged under Sections 201/34 of the Penal Code. The accused had pleaded not guilty to the charges.

(2.) THE prosecution case in brief is that Dambaru Gogoi. who is a resident of village Laraputagaon had some cultivable land at Maganapathar and on the date of occurrence, he had left his house at about 6 or 7 in the morning with two "dangaris" (bundles of paddy) and a "Birla" (carrying split bamboo) to bring paddy from Maganapathar across the river Darika; but he did not return home. His wife Musst. Kusum Gogoi made enquiries about him through her son Jasadhar and neighbour Abapu Gogoi: but Dambaru could not be found. Next day, the dead body of Dambaru was found lying at Maganapathar. It is alleged that there was some quarrel between the accused persons and the deceased over land and cattle and that on the day preceding the day of occurrence, accused Gangadhar and Lakhinath had threatened the deceased with death. Abapu Gogoi lodged an either on 23 -12 -1966 at the Sibsagar Police Station and therein he stated that he suspected accused Gangadhar and Lakhinath to be the culprits.

(3.) THE learned Public Prosecutor submits that the order of acquittal has been illegal and the evidence on record warranted conviction for the offences charged with.