DHARMENDRA PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 8. 7. 2002 passed by the learned Additional Sessions Judge No. 2, Sibsagar in Sessions Case No. 28 (S-C)/2001 [corresponding to Sessions Case No. 43 (S-C) 88 (old)] convicting the accused appellants under Sections 148/302/325/323/149 IPC and sentencing them to suffer two years imprisonment under Section 148 IPC, to suffer rigorous imprisonment for life under Section 302 IPC read with Section 149 IPC and also to pay a fine of Rs. 500/- each, in default, to undergo further R. I. for six months. The accused appellants are also sentenced for 3 months R. I. under Section 323/149 and R. I. for 5 years each under Section 325 read with Section 149 IPC. All the sentences are to run concurrently.

(2.) IN Sessions Case No. 28 (S-C) 2001 as many as 10 accused persons were tried under Section 148/302/323/325/149 IPC. Accused Lakhi Pegu died during pendency of the case. During trial, prosecution examined as many as 14 witnesses. On conclusion of the trial, the learned trial Court found all the accused persons guilty of the offence under Section 302/149 IPC. They were also found guilty of offence under Section 323/325/149 IPC and sentences were imposed on them.

(3.) FROM time immemorial, land had played a devastating role in the life of human being and the present case is no exception, where land had taken the toll by taking life of 3 (three) villagers and injuries to others. The disputed land is situated at village Deoghoria under Mahmara Mouza. It originally belong to one Gajendra Miri, and thereafter, Chandra Kalita (since deceased), the husband of the informant Sabitri Kalita (PW-1) claimed to have purchased the said land, which is a cultivable land, from the son of Gajendra Miri. As stated above, the incident in the present case took place on 1. 12. 1986.