SURESH MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374 of the Cr.P.C, against the judgment and order dtd. 7/1/2020 passed by the learned Sessions Judge, Karbi Anglong in Sessions Case No. 19 of 2001, corresponding to G. R. Case No. 446 of 1996, under Ss. 147 /148 /149 /324 /326 /302 / 436 of the Indian Penal Code (IPC), by which the appellants were sentenced to undergo Rigorous Imprisonment (RI) of 6 (six) months for Sec. 147 of the IPC, RI of 1 (one) year for Sec. 148 of the IPC, RI of 3 (three) months for Sec. 447 of the IPC, RI of 6 (six) months for Sec. 324 of the IPC, RI of 2 (two) years and to pay fine of Rs.500.00 in default, Simple Imprisonment (SI) of 1 (one) month for the Sec. 436 of the IPC and RI of life and to pay fine of Rs.1,000.00 in default, SI for 2 (two) months for Sec. 302 of the IPC, each. All the sentences were to run concurrently.

(2.) The criminal law was set into motion by lodging of an Ejahar dtd. 29/8/1996 by the PW-3. It has been stated that on the previous night around 45 (Forty-Five) persons of Munda community from Jamuguri village armed with bows, arrows and guns had surrounded the residences of the people belonging to the Harijan community and launched attack by arrows and set ablaze the houses. As a result of the attack, Krishna Harijan, Keshwar Harijan and Sripati Harijan sustained grievous injuries. The homestead and properties were burnt to ashes. The informant had also identified number of accused persons. The details of the properties which were destroyed were also given. Based on the Ejahar, the formal F.I.R. was registered and investigation was made. In the meantime, injured Keshwar Harijan, who is the father of the informant, had passed away. After com-pletion of the investigation, the Charge-sheet was laid, whereafter, charges were framed by the learned Court and on its denial, the trial had begun.

(3.) In the trial, the prosecution had adduced evidence through 11 (eleven) number of witnesses. Thereafter, witnesses of 4 (four) number of E.O(s) were also taken.