BIDESHI MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, Bideshi Mandal, who has been convicted, by judgment and order, dated 30.09.2016, passed by the learned Additional Sessions Judge, Bajali, Pathsala, in Sessions Case No. 170/2015, under Sections 302/324 of the IPC, to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/-, in default, to suffer rigorous imprisonment for further period of 2 months, for the offence punishable under Section 304 Part-II IPC, and also to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for 1 month, for the offence punishable under Section 324 IPC.

(2.) I have heard Mr. Rishi Raj Kaushik, learned Amicus Curiae, appearing on behalf of accused-appellant, and Mr. NK Kalita, learned Additional Public Prosecutor, Assam.

(3.) The prosecution story, as unfolded during the trial, is that there is land dispute amongst the informant, Sri Jatin Mandal, and his brother accused Bideshi Mandal, and another brother (deceased) Milan Mandal, in respect of their ancestral property. For settlement of such dispute amongst them, there took place a meeting, convened by the informant, on 29.08.2013, at village Dhalan--gbari. In the midst of the meeting, the accused-appellant and his son, Bidyadhar Mandal inflicted injuries on Milan Mandal, the deceased as well as upon the informant, and his son, Tapash Mandal. All the said three injured persons were taken to hospital, although injured Milan Mandal died.