HIREN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal has been filed by the accused appellants, namely, Sri Hiren Das, Sri Kiran Das and Sri Jitu Das against the Judgment of conviction dated 20th May, 2011 passed by the learned Additional Sessions Judge (First Track Court) No. 1, Kamrup at Guwahati, in Sessions Case No. 102(K) of 2008 under Sections 302/34 of the IPC and sentenced them to undergo rigorous imprisonment for life and to a pay a fine of Rs. 10,000/-, in default, to suffer a further term of simple imprisonment of 1 (one) year. On the basis of the G.D. Entry No. 723 dated 30th April, 2006 recorded at around 8:15 A.M. by the Officer-in-Charge of the Palashbari Police Station, based on the information furnished by Sri Mukut Das, stating that while his father Basanta Das and his uncle Bhabit Das were ploughing in their paddy field, elder brother of said Mukut Das namely, Jitu Das along with his brother Hiren Das and Kiron Das, badly assaulted his father Basanta Das (PW-4) and his uncle Bhabit Das, the investigating agency started the investigation, during which visited the place of occurrence and on finding Bhabit Das and Basanta Das with injuries, sent Bhabit Das to Gauhati Medical College Hospital and Basanta Das to nearby hospital for treatment.

(2.) Subsequently, a written First Information Report dated 30th April, 2005 was lodged by Smt. Putul Das, wife of Bhabit Das stating that on 30th April, 2005 at around 7:00 A.M., while her husband Bhabit Das and brother-in-law Basanta Das were ploughing at their paddy field, Sri Hiren Das, his wife Smt. Damayanti, his brothers, namely, Jitu and Kiran, who stay nearby, attacked them with dagger (dao) and stick (lathi), for which her husband suffered grave injuries on his head and leg, who is fighting with his life at the Gauhati Medical College Hospital, and brother-in-law on his hand.

(3.) Accordingly, Palashbari Police Station Case No. 80/2006, corresponding to G.R. Case No. 2221/2006, was registered on 2nd May, 2006 under Sections 326/34 IPC against the FIR named accused persons. During investigation, the police visited the place of occurrence, recorded the statement of the witnesses under Section 161 Cr.P.C. As the injured victim Bhabit Das expired on 4th May, 2006 at GMC Hospital, during the investigation, police conducted the inquest on the dead body of the deceased and sent the said dead body for post mortem examination. As the victim Bhabit Das died because of the aforesaid incident, as per order dated 5th May, 2006 passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati along with Sections 326/34 of the IPC, Section 302 IPC was added in said Palashbari P.S. Case No. 80/2006.