DANIA ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23.8.2012 passed by learned Sessions Judge, Jorhat in Sessions Case No. 42(JJ)/2006 convicting the accused appellants under Sections 302/147/148/323 read with Section 149 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 5,000/- each, in default, rigorous imprisonment for another 3 (three) months under Sections 302/149 of the IPC, rigorous imprisonment for one year under Section 147 IPC, rigorous imprisonment for one year under Section 148 IPC and simple imprisonment for 3 months under Sections 323/149 of the IPC.

(2.) The case as projected by the prosecution is that on the evening of 21.05.2005 at about 8.30/9.00 PM, the accused appellants armed with dao, lathi and bow and arrow attacked the house of the informant Suren Ganju situated at Meleng Balijan Basti under Teok Police Station and the accused appellant Dania Orang caused fatal injury to Ranu Ganju by shooting him with an arrow from a bow on his chest and the accused appellant Tarun Karmakar inflicted cut injury on the neck and head of his mother Ghaneswari Ganju. The other accused appellants damaged their house by cutting the walls and doors and windows. Both the injured persons were taken to hospital in a pushcart but Ranu Ganju died on the way to hospital and Ghaneswari Ganju was admitted to hospital for treatment of her injuries.

(3.) The written FIR having been lodged by the informant Suren Ganju on 22.05.2005 with the In-Charge, Lahdoigarh Police Outpost and on being forwarded to O.C. Teok Police Station on the same day, Teok Police Station Case No. 39/2005 was registered and on completion of investigation, charge-sheet was submitted against all the accused appellants.