JOGEN CH ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Where tolerance and passing fails to act fora fraction of second than the animal in- stirict prevails over human being. The throwing of weeds and garbage in the agricultural field of another person leads to altercation resulting in fight and in the process the society lose human life though not premeditated and by the time sanity prevails, one Kamaleswar Roy died in the way. The case in hand belongs to such category of case.

(2.) The instant appeal under Section 374 of the Code of Criminal Procedure has been preferred by Jogen Chandra Roy and Dimbeswar Roy being convicted under Section 304 Part-II I.P.C. in sessions Case No. 26 of 1994 and sentencing them to undergo Rigorous imprisonment for 5 years with a fine of Rs. 1,000/- each in default further R. I. for 2 two months.

(3.) The case set out by the prosecution is that the land of the victim and the accused persons are contiguous. Both are agriculturist and they went to field in the morning of 10.08.1992. It was alleged that the accused persons had thrown weeds and garbage in the land of the victim and as a result, altercation took place in between the son of the victim and the accused persons. The victim intervened and suggested that the dispute may be resolved later in a village but the accused did not pay any heed to it, rather assaulted him with hulabari and loru both agriculture equipment made of bamboo) and as a result the victim Kamaleswar Roy died on the spot. Thereafter the E was lodged by the nephew of the deceased Chakrapani Roy within two hours of the occurrence and the name of the accused Umesh Ch. Roy, Jogen and Dimbeswar were mentioned in the FIR.