HAREN PATGIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 21.05.2010 passed by learned Sessions Judge, Barpeta, in Sessions Case No. 34 of 2005 convicting appellant Shri. Haren Patgiri and Shri. Basudev Das of offence under Section 302/148 IPC and sentencing them to imprisonment for life and a fine of Rs. 5,000/- each i/d R.I. for another 6(six) months for offence under Section 302 IPC and sentencing them to R.I. for 6(six) months and a fine of Rs. 500/- each, i/d to undergo R.I. for another 1 (one) month for offence under Section 148 IPC. By the same judgment, learned trial court while acquitting accused Govinda Das and Gargeswar Das of offence under Section 148/302/149 IPC also convicted (i) Hemanta Das, (ii) Basanta Patgiri, (iii) Dharjya Das, (iv) Aswimi Das, (v) Harekanta Das and (vi) Mohan Das of offence under Section 148 IPC, and sentenced all those accused persons to R.I. for 6 (six) months and a fine of Rs. 500/- each, i/d to undergo R.I. for another 1 (one) month for offence u/s. 148 IPC.

(2.) Being aggrieved by and dissatisfied with aforesaid judgment, the accused-appellants had preferred this appeal citing several infirmities in the judgment under challenge in this appeal.

(3.) The brief facts which have emerged during trial and which are necessary for disposal of the present proceeding are that on 05.05.2003, an FIR was lodged with in-Charge; Sarupeta Police Outpost by one Khagendra Nath Patgiri alleging that on 04.05.2003, at about 8:30/9:00 a.m.. while his brother Paban Patgiri was proceeding towards the paddy field, accused (i) Haren Patgiri, (ii) Basanta Patgiri, (iii) Hemanta Das, (iv) Dharjya Das, (v) Aswini Das, (vi) Harekanta Das, (vii) Mohan Das and (viii) Garge Das and (ix) Basudev Das attacked Paban Patgiri with lathi, spade etc hurting him grievously.