BIRSINGH MAJHI- ACCUSEDS Vs. STATE OF ASSAM,

JUDGEMENT

(1.) THE three appellants, namely, Bir Singh Majhi, Mohan Majhi and Chutu. have been convicted under Section 302 read with Section 34. I.P.C. and sentenced to undergo imprisonment for life by the learned Sessions Judge, Nowgong, in the following circumstances: -

(2.) THE case for the prosecution is that on 20.1.1972 at about 7/8 P.M., Mohan Barik (deceased) of village Gohaingaon (within the limits of Samaguri Police Station) was sitting in the courtyard of his house near a fire for the purpose of warming himself along with his young son aged about 8 years Bulu Barik (P.W.3); the wife of the deceased Mustt. Moina Barik (P.W.2) was taking her meal inside the house. At this juncture all the above -named three appellants came in a body armed with lathi, axe and dao, respectively, and assaulted the deceased, on seeing which P. W. 3 shouted. On hearing the alarm, P.W.2 came out and saw the three appellants running away from the courtyard after having assaulted the deceased. P.W.3 told his mother P.W.2 about all the three appellants (by naming them) having assaulted his father and having gone away. Mohan Barik died on the spot and fell down near the fire. Rengta Majhi and Bhim Kanda (P.Ws.4 and 5, respectively) and Bharat (not examined), who were neighbours came there on hearing the alarm. P.W.2 mentioned the names of the three appellants as the assailants; P.W.3 was with them there but, young as he was, he did not say anything.

(3.) P .W.2 thereupon went to the Secretary of the V.D.P. Bubul Kalindi (P.W.8) accompanied by P.W.3, and informed him about the occurrence, mentioning the names of three appellants as the assailants. P.W.8 informed 2/4 persons of the V.D.P. who were residing near him. P.W.8 went to the place of occurrence along with P. Ws. 2 and 3 saw the body of Mohan Barik lying in the courtyard by the fireside with cut injuries on the head; he was lying dead in a pool of blood on the ground. Since they were afraid of going out that night P.W.8, accompanied by P.W.2, went to Samaguri Police Station where P.W.2 gave an ejahar (Ext.6) at about 10.30 A.M. on 21.1.1972; the distance between the place of occurrence and the police station is said to be ten miles. As the ejahar reads P.W.2 had seen the appellants assaulting her husband by giving blows which were said to have been with dao. It may be noted that there is no reference therein to either the axe or the stick (lathi). The evidence which P.W.2 gave before the trial Court shows that when she came out of the house on hearing the alarm of P.W.3 she saw her husband lying "on the fire" (the other evidence is it was near the fire) and three persons running away. The deceased had no burns; he must, therefore, have only fallen near the fire as stated by P.W.3. P.W. 3 told her that the appellant Chutu had cut with dao and appellant Mohan with axe (parashu).