MAHADEV BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY the impugned judgment and order, dated 15. 09. 1999, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 29/96, the accused-appellants stand convicted under Sections 304 Part-II and 342 of the Indian Penal Code and each of them stands sentenced to suffer, for their conviction under Section 304 Part-II IPC, regorous imprisonment for 4 years with fine of Rs. 2,000/- and, in default of payment of fine, to undergo rigorous imprisonment for a further period of three months and to undergo, for their conviction under Section 342 IPC. , rigorous imprisonment for three months, both the sentences having been directed to run concurrently with further direction that the fine, if realized, be paid to the widow and the mother of deceased Manindra Biswas.

(2.) THE material facts and various stages giving rise to the present appeal, may, in brief, be set out as follows:- The present five accused-appellants alongwith two more persons, namely, Ruhidas Biswas and Amulya Biswas, were tried in the Court of learned Sessions Judge, Morigaon, on the charges framed against them under Sections 342 and 304 Part-II read with Section 34 of the IPC, the case of the prosecution being, briefly stated, thus: On 24-03-1994, at about 4 pm, while Munindra Biswas was returning home from Gerua Bazaar, all the said seven accused persons waylaid him, took him to their house and assaulted him there not only by hand, but also by 'thora' (i. e. , a piece of bamboo used for husking paddy ). When the mother and wife of Munindra (since deceased) went to the house of the accused persons and requested them to let Munindra go home, they too were assaulted by the accused. After mercilessly assaulting him, the accused kept Munindra Biswas confined within their house for the night and it was only the next morning that Munindra Biswas was, on being released by the accused, taken to Morigaon Civil Hospital; but he succumbed to his injuries there. Following Munindra's death, his brother, lodged an Ejahar, on 25-03-1994, with the police. Treating this Ejahar as the First Information Report, Laharighat Police Station Case No. 29/1994 was registered against the said seven accused persons under Sections 143/341/342/354/323/302 IPC and, on completion of investigation, police laid charge-sheet against the accused accordingly.

(3.) DURING trial, as indicated above, charges under Section 342 and 302 read with Section 34 of the IPC were framed against the said seven accused persons; but all of them pleaded not guilty thereto.