SRI RABINDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against acquittal at the instance of the informant. The accused persons of Sessions Case No. 34/2007 were acquitted by the learned Additional Sessions Judge, Cachar at Silchar vide judgment and order dated 31.08.2013. Aggrieved, the informant approached this court under proviso to Section 372 of the Code of Criminal Procedure praying for setting aside the judgment of acquittal and to convict the accused persons.

(2.) The appellant herein, as informant, lodged an FIR in writing before Officer In-charge of the Rangirkhari Town outpost on 16.08.2006 at around 10-11 A.M. informing that on the same day at around 8 A.M. when he along with his father Sunil Das and two labourers were transplanting paddy in the field, accused Sukumar Das came and challenged them. As they asserted their title over the land he left but came back after a short while with two sons Siddhu and Sanjay armed with lathi and dao and attacked his father. They felled his father on the field and caused grievous injuries by assaulting with lathi and dao. Seeing the incident, the informant and two labourers Sajal and Moni rushed to the place of occurrence and took the victim to hospital who succumbed to the injury. On the basis of the written ejahar submitted before the Rangirkhari Town outpost, G.D. Entry No. 431, Silchar P.S. Case No. 1259/2006 under section 447/302/34 of the IPC was registered and investigation held. After completion of investigation, police submitted charge sheet No. 799/2006 on 30.11.2006 before the learned Additional Chief Judicial Magistrate, Cachar at Silchar who committed the case to the Sessions on 08.06.2007 and thereupon the aforesaid Sessions Case No. 34/2007 was registered. Learned Sessions Judge by his order dated 06.07.2007 framed charges under section 447/34 and 302/34 of the IPC against three accused persons Sukumar Das, Sidhartha Das and Sanjay Das. All of them pleaded not guilty and claimed to be tried.

(3.) In course of trial, accused No. 1, Sukumar Das committed suicide and vide order dated 01.08.2011, the case stood abated against him. Trial was continued against accused Sidhartha Das and Sanjay Das only.