STATE OF ASSAM Vs. HIRALAL RAJPUT

JUDGEMENT

(1.) In Sessions Case No. 42(J-J)/91 the Addl. Sessions Judge, Jorhat held trial against as many as 11 accused persons under Section 148/149/302 IPC. During trial, prosecution examined as many as 13 witnesses and thereafter vide impugned judgment dated 27.10.93 the learned Addl. Sessions Judge acquitted all the accused persons. The present appeal against the order of acquittal has been preferred by the State of Assam.

(2.) We have heard the learned Public Prosecutor Mr. P. Bora for the appellant State and the learned counsel Mr. T.J. Mahanta for the respondents.

(3.) On 25.11.89 Dilip Rajowar lodged a written FIR Ext. 3 before the police stating inter-alia that on that day at 2.30 P.M. while his brother Pati Rajowar along with one Balaram Gowala were proceeding on the garden road, six accused persons named in the FIR armed with dao, lathi, bows and arrows attacked them and assaulted them causing grievous hurt to both Pati Rajowar and Boloram Gowala and they were removed to hospital where they succumbed to the injuries. The Police registered a case and after usual investigation submitted charge sheet against as many as 12 persons. However, one of the accused persons Rabin Rajput absconded and he was declared an absconder and the trial proceeded against 11 accused persons. PW 9 is Dr. Dhruba Barua who held the autopsy over the dead bodies and found as follows :-