RAM DURLAV MITRA Vs. STATE

JUDGEMENT

(1.) THIS appeal is on behalf of ten persons, all of whom were convicted Under Section 147, IPC and Section 302 read with Section 149, IPC and the appellant Ram Durlav Mitra alias Durlav Sarkar was found guilty and convicted further Under Section 302, IPC and sentenced to transportation for life. The other accused appellants, besides Ram Durlav Mitra, were sentenced to three years' rigorous imprisonment Under Section 302 read with Section 149, IPC and to one year's rigorous imprisonment Under Section 147, I.P.C. each tile sentences Deing ordered to run concurrently. The further sentences of three years' rigorous imprisonment under Section 302 read with Section 149, IPC and one year's rigorous imprisonment under Section 147, IPC imposed on appellant Ram Durlav Mitra were ordered to run concurrently with the sentence of transportation for life Under Section 302, IPC passed on him,

(2.) THE case for the prosecution was that at Rupakhat within Kalaigaon Circle, District Darrang, several local persons combined to form a joint cooperative concern under the name and style of Krishi Samabai Samiti, While the members of the said Samiti, including several of the prosecution witnesses Joypati Deka, Tarini Nath, Ratneswar Sarma and others were going to erect an office building for the said Samiti, and some fifty persons had collected there, including some outsiders invited to die function, the accused persons in a body, numbering about 100 or 150, attacked them. This happened on the morning of 30 -11 -1952, The rioters, Just before the attack, gave a signal and began to advance towards the office structure sought to be erected by the said Samabai Samiti. Late Thogiram Barua was the Secretary of the Samabai Samiti and he requested the attackers, who came armed with deadly weapons like 'lathis', 'daos', 'axes', etc., to disperse, but they on the other hand, surrounded him and some of his associates, like Joypati Deka, Ratneswar Sarma, Tarini Kanta Nath, and others, who were standing near the flap; pole which was planted there by the members of the said Samabai Samiti.

(3.) THE accused persons pleaded not guilty to the charges framed against them, and their defence was that they were in occupation of some lands at Rupakhat Pathar, and Thogiram Barua and other members of his party, including Tarini Nath, wanted to oust them from their possession. They further alleged that Thogiram Barua, Joypati Deka, Tarini Nath and other members of the alleged Samabai Samiti had no possession over the disputed property, and the fact of constructing an office -house for the