STATE OF ASSAM Vs. MONINDRA SUKLABAIDYA

JUDGEMENT

(1.) This appeal under Section 378 of the Code of Criminal Procedure, 1973 is at the instance of the State, challenging the legality and correctness of the judgment and order dated 11.8.2009, passed by the learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No.76 of 2004, whereby the learned trial judge has acquitted all the three accused persons from the offence under Section 304 r/w Section 34 of the Indian Penal Code, 1860.

(2.) We have heard Sri Z Kamar, learned Public Prosecutor for the State and Sri SP Choudhury for the respondents. We have also gone through the impugned judgment as well as the prosecution evidence, proffered in the trial court. We have also taken note of the statements made by the accused persons u/s 313 Cr.P.C.

(3.) The gist of the prosecution case is that both the deceased and the accused persons had paddy fields at the place of occurrence with common boundary. In other words, paddy fields of both the parties were contiguous to each other. On 23.7.2002 at about 8.30 in the morning the deceased and his son Karuna were draining out excessive water from their plot of land and the water was being released in the paddy field belonging to the accused Manindra Suklabaidya. Since this act of the son of the deceased was damaging the paddy cultivation of the accused an altercation took place initially between the accused Manindra and the son of the deceased, Karuna. Immediately the deceased also intervened in the altercation and he was assaulted with a spade.