JONA BAREH & ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - Heard Mr. B.M. Choudhury, learned counsel for the appellants and also heard Mr. K.A. Mazumdar, learned P.P., Assam.

(2.) Keeping in view the injuries inflicted on the dead body of Mustin Patwa (hereinafter referred to as 'the deceased') by the four appellants namely, Jona Bareh (for short 'A-1'), Plisting Sympli (for short, 'A-2'), Wili Suchiang (since dead) and Wantap Mukim (for short 'A-3') as found by PW-10, Dr. K.K. Chakraborty who in his evidence categorically opined that all the injuries being injuries No. 1-6 were simple injuries and the fatal injury i.e. Injury No. 6, might be caused by a hard substance or can be caused by boulder or blunt object, the question that needs to be decided in the criminal appeal herein is as to whether the conviction of all those appellants awarded under Sections 302/34, Penal Code was justified.

(3.) It was alleged in the FIR lodged by PW-1 Merenal Shadap with the Barkhola Police Station on 10.8.1998 that while on 9.8.1998 around 7 p.m. he along with his younger sister's husband Jastin Patwat, the deceased, were coming from Bandarkhal to Durgacherra Punji boarding a truck (AS 11-5700), having reached near Debinala Punji, the accused Wili Suchiang (since deceased) and A-1 detained the deceased and the A-2 and A-3 respectively detained the informant PW-1, Merenal Shadap inside the truck and started questioning them in connection with a former suit of landed property. They also started beating them right and left and after a scuffle they threw them beside the road from the truck. Both Wili Suchiang (since deceased) and A-1 jumped on the deceased and killed him thereby. Meanwhile, he managed to escape from the grab of A-2 and A-3. As a result of such assault, PW-1 sustained injury below his left eye. Thereafter, he went to Durgacherra Punji and gave the information there. When the people from Punji went to the place of occurrence, they found the deceased lying dead. It was mentioned in the FIR that appellants/accused persons were coming in the said truck from Bandarkhal.