BIKASH CHOWDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals are directed against the judgment and sentence dated 6.6.14, passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.128/2005 convicting the accused appellants u/s 143/148/427/302 of the IPC read with section 149 of the IPC and sentencing them to Rigorous Imprisonment for life and to pay fine of Rs.2000/- each under Section 302/149 of the IPC and Rigorous Imprisonment for 3 months under Section 143/148/427 of the IPC.

(2.) This is a case of brutal murder of 3 brothers of the same family. The deceased persons namely, Dilip Konwar, Tapan Kon-war and Rajib Konwar were the sons of Mouzadar of No.2 Ghurania Gaon village situated at Naharkatia under Tingkhong Police Station in Dibrugarh district and all of them were living together in the same house with their father. The other 3 brothers, namely, Bha--skar Konwar, Sourabh Konwar and Pradip Konwar were living separately. Residence of Bhaskar Konwar and Pradip Konwar is situated at a little distance away from the residence of the deceased persons and Sourabh Knowar was residing in the same campus with that of the deceased but in a separate house.

(3.) The case as projected by prosecution is that on the evening of 14.04.2003 at about 7.30 p.m. the accused Sanjeet @ Papi had some quarrel with Rajib Konwar in front of the house of Bhaskar Konwar. On the next day i.e., on the day of Rongali Bihu on 15.4.03 the accused appellants and other charge sheeted accused armed with deadly weapons like dao, lathi, axe etc., at about 11.30-12.00 noon entered into the campus of the house of Bhaskar Konwar. On seeing the unruly mob approaching the house, apprehending danger to his life, he took shelter within the four walls of his house by bolting the doors and windows and locking the gates and grills. The appellants entered into his campus and being unable to find him, vandalized some of his properties outside the house and also set fire to his Ambassador car which was parked outside and thereafter, they left that place. On getting the information when his brother Dilip, Rajib and Tapan came towards his house for his rescue, all the accused accosted them on the Naharkatia Road and mounted a joint assault on them with weapons in their hands which resulted in their instantaneous death.