GIRISH BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By means of this appeal, the appellant has assailed the judgement dated 05/12/2012 of the learned Sessions Judge, Lakhimpur passed in Sessions Case No. 96(NL)2009, by which while acquitting the other coaccused, namely, Shri Jiban Sharma and Shri Debeswar Saikia, he (Girish Bora) has been convicted under Section 304 Part-II IPC. Upon such conviction, he has been sentenced to undergo R.I. for 8 years and with fine of Rs. 5,000/- and in default to undergo R.I. for another one month.

(2.) The prosecution story in brief is that on 01/08/2007 at about 8.00 p.m. while prayer (Nam Prasanga) was going on in the Kachajuli Majgaon Namghar, the members of the particular group (Bamunia Group), namely the three accused persons along with Shri Atul Saikia and Shri Rupeswar Bora, armed with lathi etc. attacked the members of another group (Sankar Sangha) and caused injuries on the deceased ; Tilo Bora, Bipul Bora, Nirmal Bora, Smt. Dipali Bora and Smt. Niku Bora.

(3.) On the basis of the aforesaid FIR lodged on 02/08/2007 (Ext. 3), Laluk P.S. Case No. 89/2007 was registered under Section 147/448/325 IPC. Injured Bora succumbed to the injuries on 03/08/2007 and accordingly section 302 IPC was added by the learned C.J.M., Lakhimpur on the basis of the prayer made by the I.O. On completion of the investigation, the three accused persons, named above, were sent for trial submitting charge sheet under Section 147/448/302 IPC. The learned trial Court framed charge against the accused persons under Section 147/302 IPC and on being read over and explained to the accused persons, they pleaded not guilty and claimed to be tried. Accordingly, trial commenced.