PRAMOD BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 13.9.99, passed, in Sessions Case No. 73(S)/98, the learned Sessions Judge, Sonitpur, has convicted the accused-appellant under Section 304AIPC and sentenced him to suffer rigorous imprisonment for one year and pay fine of Rs, 2,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of two months.

(2.) The case against the accused-appellant, as projected at the trial, may, in brief, be described thus : On 27.01.98, Samsul Haque (since deceased) along with his son, namely, Salimuddin Islam (PW 2) and four others went to jungle near river Jia Bharali to collect firewood. On the same day, a group of persons also went to the bank of the said river for picnic. The accused was one of the picnickers. Some of the picnickers forcibly took away some pieces of firewood from the boat of the said deceased. This taking away of the firewood led to a quarrel between the two groups. While the deceased and his companions including the said son of the said deceased were in their boats, the picnickers started pelting stones on them. Few of the stones, so petted in the directions of the deceased and his party, hit the deceased. On being hit by the stones so pelted, the deceased fell into the river and succumbed to the injuries sustained by him. Out of fear, the companions of the said deceased ran away and informed Nurul Haque (PW 1), brother of the said deceased, about the occurrence. On the following day of the occurrence, some co-villagers and relatives of the said deceased Samsul Haque went to the said riverbank and recovered Samsul Haque's deadbody. Nurul Haque, brother of the said deceased, then, lodged a written Ejahar (Exhibit 2) with the police, on 28.1.98, about the said occurrence. This F.I.R. did not disclose name of any of the picnickers. The police registered a case under Section 302/34 IPC. During the course of investigation, two persons, namely, Jiten Bora and Promod Bhuyan (i.e., the present accused-appellant) were taken into custody; but the police, on completion of investigation, laid charge-sheet against the accused-appellant, Promod Bhuyan, under Section 302/34 IPC.

(3.) To the charge framed, at the trial, under Section 302 (Part I) read with Section 34 of the IPC, the accused pleaded not guilty.