STATE OF ASSAM Vs. HALADHAR BEPARI

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and order dated 16.3.1973 passed by the learned Sessions Judge, L.A.D. Gauhati in Sessions Case No. 2 (K -B) of 1973.

(2.) ALL the 19 Respondents were tried by the learned Sessions Judgeunder Sections 147/447/325/326 and 302/149, Indian Penal Code arising out the following facts: - On 24.5.1971, P. W. 1 Bahar Ali lodged an ejahar stating that his relative Johar Ali, P. W. 3 raised Ahu paddy on 2 bighas of his land. On that day at about 8 A. M. some people of Pachim Deuldi, namely the accused person along with 300/400 people formed themselves into an unlawful assembly armed with daos, lathis, Khappars etc. came to the paddy field, Johar Ali, Refaz and Atowar tried to prevent the accused persons. Then accused Haladhar Bepari, Bhabani Sarkar and Kristo Sarkar asked the accused persons to assult Johar Ali, Refaz Ali and Atowar. Accused Khagen and Dayal assaulted Atowar and Refaz and Johar Ali with dao and Khappars causing serious injuries and Sushil and Gokul set fire to the house of Johur Ali and his three houses were gutted by fire. It was mentioned in the First Information Report that the names of the witnesses would be given later at the place of occurrence. It is further mentioned in the First Information Report that the injured persons were lying unconscious and there were many other events which would be divulged at the time of enquiry. On receipt of the First Information Report at 2 P. M., the officer -in -charge of Baghbor Police station at 2.30 P. M. immediately started investigation, went to the place of occurrence reaching there by 5 P.M. He drew up the sketch map Ext. 7 and he also held the inquest report on the dead bodies of Atowar and Refaz and then the dead bodies were sent to Goalpara Civil Hospital for post -mortem examination. The investigating officer seized some articles and he also arranged the test identification parade by Magistrate Shri T. Hussain, (P. W. 4) of Barpeta which was held on 11.6.1971. On completion of the investigation police submitted charge -sheet against 22 accused persons including the aforesaid 19 Respondents. The committing Court found a prima facie case against the 19 Respondents and one Dayal Sarkar and sent to the Court of Session to stand their trial. After commitment to the Court of Session accused Dayal Sarkar died and that is why only the aforesaid 19 accused persons were tried by the learned Sessions Judge. It may be mentioned that during the pendency of this appeal Respondent No. 8, Pagal Rangdas died and his name was struck off by the order of this Court dated 16.8.1974.

(3.) ON behalf of the presecution 12 witnesses were examined and defence did not adduce any evidence and their case is one of complete denial. On consideration of the evidence on record the learned trial Court gave a finding that the evidence adduced on behalf of the prosecution fell far short of the legal proof to bring home the charges against the Respondents. Accordingly the learned trial Court acquitted all the accused Respondents of the charges framed against them.