BINOY JYOTI NAG Vs. STATE OF ASSAM

JUDGEMENT

(1.) The aforesaid four appellants were tried by the learned Sessions Judge, Karimganj in Sessions Case No. 22/90 and on conclusion of trial, by the Judgment dated 28.7.2000, were convicted under Section 147/148/149/ 447/324/326/3021.P.C. On such conviction, accused Smriti Bala Das was let off on admonition and other accused persons sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to suffer one month rigorous imprisonment under Section 148 I P.C. Accused Nripesh, Ashulal, Binoy and Sujit were sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 500/-, in default, to further rigorous imprisonment for one month under Section 324 I.P.C. Accused Nripesh, Ashulal and Biinoy have been sentenced to rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to two months imprisonment under Section 302 I.P.C. for causing death of Debendra Das intentionally. Itmay be mentioned here that Sujit Das who his been convicted along with other accused persons has not preferred any appeal. Accused Anil Das has in the meantime expired and appellant Mintu Das is on bail.

(2.) Ext. 8 is the FIR lodged before the Qfficer-in-Charge of Badarpur Police Station on 22.12.1996 by Kaushyalaya Bala Das (P.W.1) alleging that at about 2 P.M., on 22nd December, 1996 accused Shri Nripesh Ch. Das, Shri Binoy Nag, Shri Anil Ch. Dey and Shrimoti Smritibala Das armed with deadly weapons like rod, Crowbar, dao, spear etc. encroached upon her homestead and killed her husband Shri Debendra Das, injured severe] v her dauhters Purnima Rani Das and Nilima Rani Das and her nephew and niece Shri Krishna Das and Shrimoti Sibani Das. It is further informed in the FIR that the injured persons have been undergoing treatment at Karimganj Civil Hospital and the dead body of her husband Debendra Das was lying at the homestead.

(3.) On receipt of the ejahar. the police registered Badarpur P.S. Case No. 260/96 dated 22.12.1996 under Section 147/I48/ 447/325/326/302 I.P.C. P.W. 12, Md. Basir Uddin Laskar, Sub-Inspector of Police was entrusted with the investigation of the case. He visited the place of occurrence, examined the witnesses, held inquest (Ext. 9) over the dead body and prepared a sketch map (Ext. 10). Eventually, on completion of the investigation, the I.O. submitted charge sheet.