HARILAL CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the judgment and order, dated 18-5-2006, passed, in Sessions Case No. 148(N)/2005, the Additional Sessions Judge (Ad-hoc). Hojai, has convicted the accused-appellant No. 2, namely, Fulen Chauhan, under Section 304 (Part 1) IPC and sentenced him to undergo rigorous imprisonment for seven years with a fine of Rs. 2,000/- and, in default of payment of fine, to undergo simple imprisonment for a period of sixty days. By the judgment and order aforementioned, the accused-appellant No. 1, namely, Harilal Chauhan. stands convicted under Section 323, IPC and sentenced to suffer simple imprisonment for a period of three months.

(2.) I have heard Mr. J. M. Choudhury, learned senior counsel, for the accused-appellants, and Mr. B. S. Sinha, learned Additional Public Prosecutor, Assam.

(3.) The case of the prosecution, in brief, may be described as follows : On 18-6-2003, at about 6.00 a.m. while Abdul Aziz (since deceased) was proceeding on a path, in their village, the accused. Sumer Chauhan, Harilal Chauhan, Fulen Chauhan, Kanallal Chauhan and Shyamlal Chauhan, restrained him and assaulted him by dao, spade and other weapons. On hullah being raised, Abdul Aziz's brother, Abdul Rafique, who was working in a nearby paddy field, saw Abdul Aziz being assaulted by the accused aforementioned. Abdul Rafique came rushing to the place of occurrence and when he was about to lift injured Aziz, who was lying on the ground. Rafique too was assaulted by accused Sumer Chauhan and Harilal Chauhan. Both the injured were taken to hospital, but before injured Abdul Aziz could reach the hospital, he succumbed to his injuries. Injured Abdul Raflque remained under treatment, at the hospital, for some time. An FIR was lodged by Behrul Islam, a relative of the injured, and, on completion of investigation, police laid charge-sheet against accused Sumer Chauhan, Harilal Chauhan, Fulen Chauhan, Kanailal Chauhan and Shyamlal Chauhan under Sections 147/148/341/ 326/302/149, IPC.