PUNI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 26-03-2012, passed, in Sessions Case No. 92 of 2007, by the learned Additional Sessions Judge (FTC), Dibrugarh, convicting the present three accused-appellants, namely, Puni Das, Ajanta Das and Rajanta Das @ Pape, under Sec. 304 read with Sec. 34 Penal Code and also under Sec. 326 read with Sec. 34 Penal Code and sentencing each of the three accused-appellants to undergo, for their conviction under Sec. 304 read with Sec. 34 IPC, imprisonment for life and pay fine of Rs. 1,000.00 and, in default of payment of fine, suffer rigorous imprisonment for a period of three months. No separate sentence was ordered against the accused-appellants as regards their conviction under Sec. 326 read with Sec. 34 IPC.

(2.) The prosecution's case, as unfolded at the trial, may, in brief, be described thus: The informant (PW6), Haren Danguria, was informed, on 12-01-2006, at about 4.00 p.m., by one Tikira Das that the informant's nephew, namely, Rajib Danguria, had gone to paddy field in search of his cow and the present three appellants, Smt. Puni Das, Ajanta Das, Rajenta Das @ Pape and two others, namely, Durna Das and Ananta Das had attacked Rajib Danguria with sharp cutting weapons seriously injuring him. On being so informed, PW6 went to the place of occurrence and, having found Rajib Danguria lying seriously injured, carried him to Assam Medical College Hospital, Dibrugarh; but on arrival there, the said injured was declared to be dead. Following the death of Rajib Danguria, an Ejahar, in writing, was lodged by PW6 (Haren Danguria). Treating the said Ejahar, as First Information Report (in short 'FIR'), Rohmoria Police Station Case No. 2 of 2006, under Sections 147/148/149/326/302 IPC, was registered against the present three accused-appellants and the said Ananta Das and Durna Das. During the course of investigation, police visited the place of occurrence, held inquest over the said dead body and also seized axe from the house of accused Puni Das. On completion of investigation, police laid charge-sheet, under Sections 147/148/326/302 IPC, against the three accused-appellants, namely, Pune Das, Ajanta Das, Rajenta Das @ Pape and the said Ananta Das and the said Durna Das. As accused Durna Das absconded, the trial proceeded against the remaining accused persons, namely, Puni Das, Ajanta Das, Rajanta Das @ Pappe and the said Ananta Das.

(3.) At the trial, when charges, under Sections 147, 148, 326 and 302 read with Sec. 149 IPC, were framed against the accused-appellants and the said Ananta Das, all of them pleaded not guilty thereto.