ROHINI MANDAL ACCUSED Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. A.R. Banerjee, learned Sr Counsel assisted by Ms. B. Choudhury, learned counsel for the appellant. Also heard Mr. F.A. Laskar, learned P.P. Assam.

(2.) This criminal appeal has been carried from the judgment and order dated 28.8.1995 passed by the learned Additional Sessions Judge Nagaon in Sessions Case No. 21(N)89 convicting the accused/appellant under Section 304 Pt-II IPC, sentencing him to undergo rigorous imprisonment for 5 years and also to pay a fine of Rs. 1,000 in default rigorous imprisonment for another 2 months.

(3.) The prosecution case, as has been emerged from the impugned judg-ment, is that an ejahar was lodged on 10.7.1983 by the P.W.-1, Sri Nagendra Mandal alleging, inter alia, that in the morning at about 6 a.m. on 10.7.1983 the accused persons namely Rohini Mandal (appellant), Sajani Mandal, Dukhini Mandal, Sri Dharnai Mandal, Sri Tarini Mandal, Sri Srinibash Mandal and some others armed with dao, lathi etc. attacked Dhanajoy Mandal who was ploughing his land alongwith his sons and daughters. As a result of such attack Dhanajoy Mandal and his son Durjoy Mandal suffered injuries. They were brought to the hospital for treatment. Latter on the injured Dhanajoy Mandal, after seven days of the incident succumbed to his injuries in the hospital. Thereafter a case was registered under Sections 147/148/ 149/447/325/326/302, IPC and the investigation was ensued. After comple-tion of the investigation, charge-sheet under Sections 147/148/149/447/325/326/302, IPC was submitted against the appellant, Rohini Mandal and three others namely Dukhini Mandal, Dadhi-ram Bhuyan and Srinibash Bhuyan. Dukhini Mandal expired before the commitment of the case to the Sessions Court. The trial Court, after hearing the parties framed charges under Sections 302/324/34, IPC against the appellant, Srinibash Bhuyan and Dadhiram Bhuyan for causing death of Dhananjoy Mandal and cut injury to the person of Durjoy Manda I.