BHUMIDHAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE material -facts of the prosecution case disclose that one Troilokya Nath alias Tulukan is deceased. He is mater -uncle of the accused -persons. There was a property dispute between them. Earlier to the incident in question, the deceased had assaulted Indra, a family member of the accused -persons. On 21.10.2004 at around 8.30 PM, the accused -persons picked a quarrel and assaulted the deceased. Deceased managed to escape and entered the room of the mother of PW -4, where all the accused -persons came chasing him and the accused 1, 4 and 6 ~ Bhumidhar Nath, Jiten Nath and Pitambar Nath ~ entered the room and dragged him out and assaulted him. The other accused -persons also abated the commission of the offence. As a result the deceased sustained severe injuries and later, on the same day he had been admitted to a hospital where he succumbed to the injuries.

(2.) AFTER receiving a complaint about the incident from Basanta Kumar Nath(PW -2), police visited the spot, sent the dead body for post -mortem, recorded statement of the witnesses and on completion of the investigation filed charge -sheet against all the accused -persons for committing offence under section 302, read with section 34 of the IPC. Post -mortem report discloses that the death is said to be homicidal and is caused due to grave injuries.

(3.) THE accused 6 in his examination -in -chief deposed that all the accused -persons dragged Troilokya out and later assaulted him. PW -5 who is brother of PW -4 has corroborated the version of the accused 6 that all the accused -persons entered the room and drag the deceased out and assaulted him.