STATE OF ASSAM Vs. ASHOK SINGH

JUDGEMENT

(1.) In Sessions Case No. 24/89 the two accused respondents Shri Ashok Singh and Smt. Ram Pyari Devi @ Singh were tried for commission of the offence under Section 302/ 34 IPC and on conclusion of the trial vide impugned judgment dated 29.8.95, the learned Sessions Judge recorded an order of acquittal and hence the present appeal by the State of Assam.

(2.) The prosecution case, in brief, is that Raj Kishore Singh PW 5 and the informant Dharam Nath Singh are the neighbours of the two accused respondents. Prior to the incident, a cow belonging to the accused persons died and the accused persons suspected the involvement of Raj Kishore Singh and his family in the matter and they also suspected that the cow was administered poison. On 20.6.85, it is alleged that the accused persons started abusing the members of the informant's family and even there was an attempt to assault them but somehow the matter was settled. Later on, while Raj Kishore Singh PW 5 was proceeding towards the market, the accused persons gharaoed him and started assaulting him whereupon the injured raised hue and cry and his mother Smt. Kopila Devi rushed to the scene of occurrence, whereupon she was assaulted by the accused persons and she sustained grievous injury on her person. She was removed to Golaghat Civil Hospital, where she succumbed to the injuries. During trial, prosecution examined as many as 15 witnesses. Defence did not adduce any evidence.

(3.) So far the incident of assault leading to the death of Kopila Devi is concerned there is overwhelming oral and medical evidence on record and even the trial court recorded finding to that effect. PW 6 is the Doctor who held autopsy over the dead body of Kopila Devi and found as follows: