BADAN MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The three appellants have been convicted under sections 302/34 and 448, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 1000/. each u/s. 302/34, I P.C., in default to suffer rigorous imprisonment for 3 months more on the first count and to pay a fine of Rs. 500/- each in default to suffer R.L for one month, on the second count by the learned Sessions Judge, Dibrugarh in Sessions Case No. 204(0) of 1983. Hence the appeal.

(2.) The incident happened in Panichora Gaon, a village about 21 K M. west at Tinging Out Post under Joypur Police Station. The main prosecution witnesses, namely, P.W. 1 Smt Charu Majhi and P.W. 2 Smt. Suji Majhi and the accused are from backward community. It is a common knowledge that in these areas women transplant paddy seedlings apart from doing hard filed works. On 10.8.83 at about 10 A.M. while P.W. 1 Smt. Charu Majhi and her daughter-in-law P.W. 2 Smt. Suji Mojhi were transplanting paddy seedlings in the field near their house the accused chased them away, trespassed into their house, accused Badan shot an arrow and thereafter the appellants dragged Ranju, son of P.W. 1 Smt. Charu and husband of P.W. 2 Smt. Suji Majhi to the court-yard and hacked him to death. On the very same date about 21/2 hours after the incident, P.W. 1 Smt. Charu Majhi, went to the Police Out Post and lodged an ejahar, stating inter alia that the three appellants, Sadhu Majhi, Shyam Majhi and Badan Majhi being armed with daos, bows and arrows entered into their house, dragged out her son Ranju Majhi to the court-yard and killed him by inflicting dao blows. The Police registered a case, came to the place of occurrence, seized certain properties, investigated the case and submitted a charge-sheet. In due course, the appellants were committed to the court of Sessions to meet charges u/s. 448 and 302 read with section 34, I.P.C.

(3.) On perusal of the: testimony of P.W. 4 Dr. B.K. Borah, learned Judge reached the conclusion that the deceased Ranju died of the injuries sustained by him, those injuries were ante-mortem and were caused by weapons like dao the individual injuries were sufficient to cause death. On consideration of the testimony of the eye-witnesses to the occurrence, namely, P.W. 1 Smt. Charu Majhi and P.W. 2 Smt. Suji Majhi, learned Judge concluded that the accused were guilty of the charges u/s. 448 and 302/34, I.P.C. and sentenced them as aforesaid.