BHUBAN BAISNAB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 8.11.95 passed by the learned Addl. Sessions Judge, Cachar, Silchar in Sessions Case No. 34 of 1994.

(2.) Heard Mr. J.M. Choudhury, learned Sr. Counsel for the appellants and Mr. B.M. Sinha, learned Public Prosecutor, Assam.

(3.) We have all heard as to how a neglected spark burnt the house. In the present case, a minor incident between the villagers of two neighbouring villages have led to the loss of human life. The festival of 'Rathyatra' was organized on a paddy field wherein the villagers pulled the 'Rath' (Chariot) for 30-35 minutes. Bhatgram and Mougram are the two contiguous villages. On the date of occurrence, i.e. 15.1.92, while this function of Rathyatra was going on, the villagers of Mougram wanted to take/ pull the Rath towards their village and this was resisted by the villagers of Kalain/ Bhatgram. The accused persons before us, all belong to Mougram and according to the prosecution allegation, they left the place threatening the villagers that they will teach them a lesson. After the function was over and after half an hour time, the six accused persons named above, being armed with iron rod, cycle chain, lathi, iron pipe etc. came and assaulted the deceased Makhan who raised alarm. Kulendra Roy, P.W.-1, Debeswar Biswas, P.W.-2 and other persons rushed to the place of occurrence which happened to be in front of the house of the deceased. P. W. 1 -Kulendra objected to the assault and intervened to save Makhan but he was also assaulted. When the other villagers started pouring in the accused persons fled the scene. The two injured persons were first removed to Kalain Hospital and thereafter finding the injury severe on the person of Makhan he was removed to Silchar Medical College Hospital. After four days Makhan Biswas succumbed to the injuries at Silchar Medical College Hospital.