PRAFULLA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises from the judgment and order dt. 6-3-1979 passed by the learned Sessions Judge Nowgong in Sessions Case No. 61 (N) of 1977 convicting the appellants under S. 302 r/w S. 34, IPC and sentencing each of them to undergo R. I. for life.

(2.) The case of the prosecution is that the accused Kotia Bora is the brother of the deceased Loyram Bora. The accused Prafulla Bora, Bipul Bora alias Baba and Promode Bora alias Bup are sons of the accused Kotia. Accused Sibaram Bora is son of the maternal uncle of Prafulla. PW5 Senahi Bora is the mother of the accused Kotia and the deceased Loyram. PW 6 Krishna Bora is son of deceased Loyram. PW7 Renumai is daughter of the deceased. At the time of occurrence, the homestead land of the accused was situated contiguously to that of the deceased. On 12-5-1976 at about 8.30 p.m., Loyram heard Kotia's wife abusing him when he was returning his home after attending a meeting. Loyram enquired of his son Krishna (PW 6) and daughter Renumai (PW 7) as to what has happened. They reported that Kotia's wife was abusing him as their cattle damaged the seedlings of Kotia. Loyram went to his cow-shed to see his cattle and at that moment the accused persons, namely, Kotia, his sons Promode, Prafulla and Bipul, and his nephew Sibaram came armed with weapons and started assaulting Loyram at his court-yard. The accused dragged Loyram out to the court-yard of Kotia. Krishna (PW6) and Senahi (PW 5) raised alarm. PW 5 Senahi and PW 6 Krishna were also assaulted by some of the accused persons. Loyram sustained bleeding injuries and fell down over the ground unconscious. Accused Sibaram called the doctor (PW 2) in. At the advice of the doctor (PW 2), Loyram was taken to Nagaon Civil Hospital. On that very night Loyram succumbed to his injuries. The accused Sibaram lodged an ejahar (Ext 2) with the Nagaon Sadar Police Station. After investigation, the police submitted charge-sheet against the said five accused persons under Ss. 302, 323 and 34, IPC. The learned - Sessions Judge framed charges against the accused persons under S. 302 r/w S. 34, IPC and also under S. 323 r/w S. 34, IPC. The accused pleaded not guilty. The prosecution examined 12 witnesses and the defence examined 1 witness. On trial the learned Sessions Judge acquitted Kotia Bora of all the charges. The learned sessions Judge also acquitted Prafulla, Sibaram, Baba and Bup of the charges under S. 323 r/w S. 34, IPC. But the learned Sessions Judge convicted the four accused persons, namely, Prafulla, Sibaram, Baba and Bup under S. 302 r/w S. 34, IPC and sentenced each of them to undergo R. I. for life; hence this appeal in this Court.

(3.) Mr. D. N. Choudhury, the learned counsel for the appellants, has submitted that the accused Kotia has been acquitted of all the charges, therefore, in the context and circumstances of the case, all the accused are also entitled to acquittal.