SHRI INDRAJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. M. Saikia Sundi, learned counsel appearing on behalf of the appellant as well as Mr. K.A. Mazumdar, learned Public Prosecutor, Assam for the State respondent.

(2.) The appellant herein was convicted under Sections 302/323, Penal Code for committing an offence of killing one Brindaban Das (hereinafter called as, 'the deceased') in Sessions Case No. 59/02 vide judgment and order dated 19.7.2003 passed by the learned Additional Sessions Judge (Ad hoc), Barpeta and sentenced him under Sec. 302, Penal Code to undergo imprisonment for life with a fine of Rs. 2,000.00, in default, further rigorous imprisonment for two months and also sentenced him under Sec. 323, Penal Code to undergo rigorous imprisonment for one month.

(3.) It was alleged in the FIR lodged by PW 1 (Abinash Das) on 25.12.1995 with the Barpeta Road Police Station that on the same day i.e. on 25.12.1995 at around 6:30 p.m. when Ranjit Das, one of the accused who was also convicted along with the appellant under Sec. 323, Penal Code but acquitted by the trial Court from the charge of Sec. 302, IPC, passed through the Tomato and Chilly plantations of PW 1, his son, the deceased prevented it, whereupon a quarrel ensued and sometime after that, taking up the gauntlet of the quarrel, the nine accused persons including the appellant named in the said FIR attacked his son, the deceased and on Rabindra Das (PW 7), with dagger, dao and lathi at the courtyard, of his co-villager Amar Das (PW 3) causing serious injuries to them. The deceased succumbed to his injuries at the place of occurrence itself.