SURESH CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 27/10/2003, the learned Sessions Judge, Nagaon, has, in Sessions Case No. 217 (NJ/2000, convicted the accused-appellants under section 302 read with section 34, I.P.C. and sentenced them, for their conviction under sections 302 read with section 34, I.P.C., to suffer rigorous imprisonment for life and a fine of Rs. 2,000/- each and, in default, rigorous imprisonment for another period of six months and, further, convicting the accused-appellant No. 1 under section 324, I.P.C. and sentencing him to suffer rigorous imprisonment for one year, the sentences passed against the accused-appellants having been directed to run concurrently.

(2.) The prosecution's case, in brief, is that one Nila Kanta Sharma lodged a written Ejahar, on 11.2.1993, at about 9 p.m., alleging, inter alia, that on very day, i.e., on 11.2.1993, at about 5 p.m., while the informant's brother, Radha Kanta Sharma (since deceased), accompanied by Bimal Singh, was on their way back home from Kathalguri, the accused-appellants attacked both of them with sharp-cutting weapons and caused grievous injuries to them and, on witnessing the occurrence, when the nearby people came running to the place of occurrence, the accused-appellants fled away and the two victims were saved. Treating this Ejahar as the F.I.R., Hojai Police Station Case No. 31/93 under sections 341/326/ 307/34, I.P.C. was registered against the accused-appellants. From the place of occurrence, the injured were carried to Hojai and, then, injured Radha Kanta was shifted to the Civil Hospital, Nagaon, where Radha Kanta succumbed to his injuries on 12.2.2003. On completion of the investigation, police laid charge-sheet against the accused-appellants under sections 324/302/34, I.P.C. showing the accused Siew Nath Kunjuwa as an absconder.

(3.) To the charge framed under section 302 read with section 34, I.P.C., the accused-appellants pleaded not guilty. To the additional charge framed against him under section 324, I.P.C. too, the accused-appellant No. 1 plead not guilty. In support of their case, prosecution examined altogether 9 witnesses. The learned Trial Court then, examined one Nanda Bahadur Chetry as a Court witness. Thereafter, statements of the accused-appellants were recorded under section 313, Cr.P.C. and in their examination aforementioned, the accused-appellants denied that they had committed the offences alleged to have been committed by them, the case of the defence being that of total denial. No evidence was however, adduced by the defence. On finding the accused-appellants guilty of the charge framed against them under section 302 read with section 34, I.P.C., the learned Trial Court convicted them accordingly. On further finding the accused- appellant, Suresh Chauhan, guilty of the offence under section 324, I.P.C., he was convicted under section 324, I.P.C. too. The sentences were passed against the accused-appellants as indicated hereinabove. Aggrieved, by their conviction and sentences passed against them as mentioned hereinabove, the accused-appellants have impugned the same in the present appeal.