NOGENDRA DAS (DEAD) Vs. STATE OF ASSAM

JUDGEMENT

(1.) As many as 7 appellants jointly preferred this appeal challenging their conviction under sections 447/148/324/323/302/149of the IPC vide judgment and order dated 01.10.2013 passed by learned Additional Sessions Judge (FTC), Cachar at Silchar in Sessions Case No. 76/2009. In course of pendency of the appeal, appellant No. 1 Nogendra Das died and appellants Putul Das and Nilu Ram Das alias Nilu Das were found to be juveniles in conflict with law at the time of commission of offence. While appeal abated as against appellant No. 1, Nogendra Das in view of his death, the sentence passed against Putul Das (appellant No. 4) and Nilu Ram Das alias Nilu Das (appellant No. 7) are deemed to be of no effect in view of Section 7A(2) of the Juvenile Justice (Care and Protection of Children) Act, 2000. Thus, the appeal continues to remain in force as against 4 (four) appellants, namely, Smt. Bina Das (appellant No. 2), Smt. Nibashi Das (appellant No. 3), Dulu Das (appellant No. 5) and Parendra Das (appellant No. 6).

(2.) The prosecution story is that one Manindra Das, as informant, lodged an ejahar with Officer In-charge of Katigorah Police Station on 22.07.2003 informing that on 22.07.2003 at about 5.30 A.M. his father Dhirendra Das along with uncle Rabindra Das went for cultivating their own paddy land near their house when 6 (six) accused persons named in the ejahar assaulted them with dao and dagger causing grievouis injuries on their persons. Hearing commotion, his cousins Dulu Das, Nilu Das and brother-in-law Sukendra Das along with uncle Hirendra Das rushed to the spot to save his father and uncle but they were also assaulted and they sustained grievous injuries on their persons. Katigorah P.S. Case No. 282/2003 under sections 147/ 148/ 447/ 326/ 149 of the IPC was registered thereby and after death of Dhirendra Das, section 302 of the IPC was added.

(3.) In course of investigation, police visited the spot, prepared sketch map, recorded statements of witnesses and after receipt of post-mortem examination submitted charge sheet No. 280/2004 on 31.12.2004 against all the accused persons under the aforesaid sections of law. The learned Additional Chief Judicial Magistrate before whom the charge sheet was filed, committed the case to Sessions leading to registration of Sessions Case No. 76/2009 in the court of learned Additional Sessions Judge, Cachar at Silchar. The learned Sessions Judge by his order dated 10.08.2010 framed charges under sections 148/ 302/ 447/ 323/ 324 / 149of the IPC against all the accused persons. On the charges being read over, they pleaded not guilty and claimed to be tried.