RATAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALL these criminal appeals, namely, Crl. Appeal No. 69 (J)/05, Crl. Appeal No. 117/05, Crl. Appeal No. 135/06, Crl. Appeal No. 140/05 and Crl. Appeal No. 141/05, have been preferred against the judgment and order dated 31. 05. 2005, passed by the learned Sessions Judge, Karimganj in Sessions Case No. 53/02 convicting the appellants therein under Section 302/149/326 of the Indian Penal Code (for short 'ipc') for the offence of killing of one Biju Deb (hereinafter referred to as 'the deceased') and causing grievous hurt to Bappa Deb (P. W.-2) and thereby sentencing them to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- each, in default, to suffer further imprisonment for one year under Section 302 IPC. The learned Sessions Judge also convicted the accused/appellants under Section 326/149 IPC and sentenced them to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 3000/- each, in default, to suffer further period of simple imprisonment for 6 months.

(2.) THIS set of appeals having arisen out of the same fact situation, was heard analogously and accordingly all these appeals are disposed of by this common judgment and order.

(3.) FACTS , in brief, as narrated in the Ejahar lodged on 18. 02. 2000 by one Nirmal Deb (P. W.-1), the father of the deceased Biju Deb and the injured Bappa Deb (PW 2), is that on the night i. e. 17. 02. 2000 some miscreants namely (1) Tukan, (2) Sabyasachi, (3) Babu, (4) Ratan Das, (5) Debu, (6) Ajay Das, (7) Kanai, (8) Jahar Deb and few others in a body, with an intention to kill Biju (deceased) and Bappa Deb (P. W. 2), all of a sudden, attacked them with dao, sword, bhojali etc. causing grievous hurt on different parts of their bodies in a place situated between Ghosh Diary and Kamala Hair Cutting on the Station Road, Karimganj. Alarm being raised people assembled at the place of occurrence and the miscreants fled away. Both the sons of the informant (P. W. 1) were brought to the Karimganj Civil Hospital, where the doctor declared Biju (since deceased) dead, while Bappa (P. W. 2), who suffered grievous injury was sent to Silchar Medical College Hospital for medical treatment. On the basis of the FIR the police registered Karimganj P. S. Case No. 73/2000 under Section 147/148/149/326/307/302 IPC.