TUSHAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973 [corresponding to Sec. 415 of BNSS, 2023] against the judgment and order dtd. 5/3/2020 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 11 (BNG) / 2018 arising out of GR Case No. 769 / 2014 convicting the accused / appellant under Ss. 302/341/323 of the IPC [corresponding to Ss. 103/126/115 of BNS] and sentencing him to suffer imprisonment for life under Sec. 302 of the IPC [[corresponding to Sec. 103 BNS] and fine of Rs.10,000.00, i/d of payment of fine to suffer Simple Imprisonment for 2 months, also sentencing to SI for 15 days and fine of Rs.500.00 for offence under Sec. 341 of the IPC [corresponding to Sec. 126 BNS] i/d of payment of fine suffer Simple Imprisonment for 5 days and further sentencing to undergo SI for 6 months and to pay a fine of Rs.1000.00 i/d of payment of fine suffer SI for 15 days under Sec. 323 of the IPC [corresponding to Sec. 115 BNS].

(2.) The criminal law was set into motion by lodging of an Ejahar on 2/9/2014 by PW 1, who is the elder brother of the deceased. It has been alleged that on the previous evening at about 9:00 pm, the accused no. 1 (appellant) had come riding a bicycle in a high speed and careless manner and had almost dashed a group of persons and on being scolded, he ran away to his home and after some time, accompanied by the other accused persons, came with sharp weapons such as dao, axe and iron rods and assaulted randomly. In the said assault, when the deceased had tried to intervene, he was also assaulted randomly with the backside of the axe and thereby caused injury. Injury was also caused to another person, Jaleswar Nath with iron rod and the informant had also sustained injuries on his head, hand and various parts of his body. His younger brother (deceased) was accordingly taken to the Bongaigaon Civil Hospital when his condition was found to be critical and he had undergone treatment. Subsequently, on 13/9/2014, his younger brother had died and accordingly on 15/9/2014, Sec. 302 was added to the charges. In the said Ejahar, three accused persons were named out of which accused Tilak Nath, who is the brother of the appellant was acquitted and accused Prafulla Kumar Nath, who is the father of the appellant was imposed fine.

(3.) The investigation was accordingly done and after completion of the same, the Charge-sheet was laid which was exhibited as Ext.- 7. Thereafter, the charges were framed and upon denial thereof, the trial had begun in which the prosecution had adduced evidence through 12 nos. of PWs.