UPEN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Munir, learned counsel for the appellants. Also heard Ms. A. Begum, learned Addl. P.P., Assam for the State.

(2.) The present appeal has been filed by the 4 appellants, who have been convicted under Ss. 341/302/34 of the IPC by the Court of learned Sessions Judge, Baksa, Mushalpur, in Sessions Case No.249/2018, vide judgment dtd. 20/1/2022 and have been sentenced to undergo 1 month simple imprisonment each under Sec. 341 of the IPC. They have also been sentenced to undergo rigorous imprisonment for life with a fine of Rs.1,000.00each, in default, to undergo further rigorous imprisonment for 2 months under Sec. 302 of the IPC.

(3.) The prosecution case, in brief, is that an FIR was lodged on 21/3/2010 at about 6 p.m. by the informants, (1) Mridul Pathak (2) Ratia Boro and (3) Pabin Swargiary to the In-charge, Baganpara Police Outpost. The FIR stated that at around 6 p.m. on 21/3/2010, four boys, namely, (1) Sonaram Boro (2) Bichitra Boro (Ramchiary) (3) Nijwm Boro and (4) Pradip Boro of Simlabari Village went to the house of Upen Deka to take a battery on rent. As they did not find Upen Deka or his family members, they went back. On the way back, the present appellants assaulted the four boys with sticks, due to which Sri Pradip Boro became unconscious on the spot. He was immediately shifted to Baganpara Hospital, wherefrom the Doctor referred him to Guwahati Medical College and Hospital, where he succumbed to his injuries. Pursuant to the FIR, Barbari P.S. Case No.17/2010 under Ss. 341/302/34 of the IPC was registered. After the investigation of the case was completed, the I.O. submitted the chargesheet having found a prima facie case under Ss. 341/342/302/34 of the IPC against the four appellants herein.