RUPAK ROY AND ANR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Haque, learned counsel for the appellant and Mr. M. Phukan, learned Additional Public Prosecutor appearing for the State of Assam. By the order of 29.01.2018, it was accepted that service on the informant respondent No.2 is complete. But none appears for the informant respondent No.2. We have been informed by the learned counsel for the appellants that the appellant Munna Barman had died on 13.04.2019 during the pendency of the appeal. Accordingly, the appeal filed by appellant Munna Barman stands abated and we proceed to decide the appeal of the appellant Rupak Roy.

(2.) This is an appeal against the judgment and order dated 12.04.2017 of the learned Sessions Judge, Dhubri, Assam passed in Sessions Case No.203/2012, whereby the accused/appellants were convicted under Sections 149/448/302 IPC and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.1000/- (each) and in default of payment of fine to undergo rigorous imprisonment for another 03(three) months each for committing the offence under Section 149/448 as well as rigorous imprisonment for life and also to pay a fine of Rs.10000/- and in default, rigorous imprisonment for another 01(one) year each for committing the offence under Section 149/302 IPC.

(3.) An ejahar dated 08.03.2001 was lodged by Sorubala Devi before the in-charge of Salkocha Police Out Post of Dhubri district inter-alia stating that on 07.03.2001 a three years old radish brown colour cow of a co-villager Dakkhina Ranjan Barman had damaged the chili cultivation in the backside of the house of the informant whereupon her husband had caught hold of the cow and tethered it in the backside of their house. At around 7 p.m. the accused persons named in the ejahar trespassed to their house and after hurling abuse and assaulting her husband, took away the cow. At about 10.00 p.m., the accused persons armed with dao, daggers etc forcibly trespassed into their house once again and after injuring her husband Santeswar Barman with the weapons that they were carrying, had pulled him outside the house and when the other wife of Santeswar Barman and the informant had offered their resistance, the accused persons pushed them to the ground and dragged away their husband to some place by striking him with dao and dagger repeatedly. The informant further stated that thereafter they searched for their husband for the whole night and at last came to know that the accused persons had handed him to the police out post. As in the meantime the husband of the informant Santeswar Barman had died, the appellants were charged with the offence punishable under Sections 147/148/149/448/302 of the IPC.