ANIL BANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is against the judgment of conviction dated 26.08.2013 of the learned Additional District & Sessions Judge (FTC), Kamrup, Rangia in Sessions Case No. 217(K)/2002, by which, while convicting the accused/appellant u/s 304 (Part -I) IPC, he has been sentenced to undergo rigorous imprisonment for 07(seven) years with a fine of Rs.5000/ - (Rupees five thousand) and in default, further imprisonment for 03(three months). The period which the accused/appellant has already undergone in detention is to be set of as per Section 428 of Cr.P.C.

(2.) AS narrated in the impugned judgment of conviction, the prosecution story in brief is that on 20.12.1999 at about 3 P.M, when the first informant (PW -2) and his elder brother Biren Bania were planting banana plants in their land, the accused persons came there armed with dagger and lathi and attacked them from back causing grievous injuries. Because of the injuries sustained by Biren Bania, he was sent to GMCH, but he succumbed to his injuries at 10.30 P.M. on that very night.

(3.) NARRATING the above incident, the informant lodged the FIR on the basis of which, Baihata Chariali P.S Case No.149/1999 was registered u/s 147/325/307 IPC. The FIR named the accused Dulal Bania; Anil Bania; Udhab Bania; Hiran Bania and Dashami Bania. During investigation, another accused, namely, Bhabani Bania was also arrested. On completion of the investigation, charge sheet was submitted u/s 147/302 IPC. When it was found that Hiran Bania was a juvenile, her case was sent to Juvenile Justice Board at Guwahati.