BOGATOLA Vs. STATE,

JUDGEMENT

(1.) IN this case appellant Bogatola alias Mena Ruti and appellant Tayam Giba were convicted under Sections 302/149 and 324/149 and each of them was sentenced to imprisonment for life under Section 302/149 and to rigorous imprisonment for one year under Section 324/149, by the Sessions Judge, Lakhimpur, at Dibrugarh in Sessions Case No. 56 (L -D) of 1969. Appellant Bogatola was further convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years and appellant Tayam Giba was further convicted under Section 147 of the Penal Code and sentenced to R. I. for one year. They have filed the present appeal against the aforesaid order of conviction and sentences.

(2.) THE prosecution case, in brief, is that on 20th December, 1964, a cow belonging to appellant Bogatola damaged the crops of Ramakanta (P.W. 3) and as such the cow was confined by his son, Devakanta, deceased, in his house. In the afternoon appellant Bogatola came to the house of Ramakanta to take back the cow, but Devakanta agreed to release the cow only on payment of compensation for the damage done to his crops, whereupon appellant Bogatola left the place. At about 9 P.M. when the members of the family of Ramakanta were sitting by the fire -side after their meals, five Abors, namely, appellant Tayam Giba, Tasok, Basoni Takum, Talar and Salikota Tadar came to the house of Ramakanta. They were invited inside the house and received with customary courtesy and were offered betel nuts. On enquiry they said that they came there to negotiate on the release of the cow. After some talk they left the place and then some one shouted from outside to the inmates of the house saying that their gram -cultivation was being damaged by cattle. Hearing shouts deceased Devakanta came out of the house when he was surrounded by 20/25 persons including the appellants and appellant Bogatola and others assaulted him with daos and caused his death. Hearing sounds of assault, and screams of Devakanta, his father Ramakanta (P.W. 3), mother Champa (P.W. 5), brothers Jogeswar (P.W. 2) and Sadananda (P.W. 9) came out from their house. They were also assaulted by the persons who were outside the house. Devakanta died at the spot. Ramakanta, Jogeswar and Champa were seriously injured. Hearing their cries several neighbours came and Ramakanta sent Ramnath Saikia (P.W. 5) to lodge the first information report at the Dhemaji Police Station, where the F. I. R. was lodged at 1 A.M.

(3.) POLICE registered a case and after investigation submitted charge -sheet against 22 persons showing 12 as absconders. During the committal proceedings two of the said 10 persons also absconded. The learned Magistrate examined five witnesses and found a prima facie case against 8 persons under Sections 148, 302/149 and 324/149 of the Penal Code and committed them to the Court of Sessions to stand their trial. He split up the case of these 8 persons from the absconding accused.