GANAKANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) ON the basis of F.I.R. Ext. I lodged by Dambrowdar Bania on 1 -5 -80 at 8.15 a.m. that last night at about 1.00 a.m. the four accused persons namely - (1) Ghanakanta Das, (2) Bhedu Das, (3) Ramesh (Kamrupia) and (4) Puma tresspassed into the dwelling house of his paternal uncle Gopeswar Das by digging a "Sindhi" (a hole) at the outer edge of the mudfloor of the house and one of them fired one round from a gun thereby causing gun shot injury on the abdomen of Gopeswar Das who succumbed to the injury instantaneously, a case was registered at the Police Station Behali and investigations undertaken by Shri Sada Nanda Pathak, P.W.1 an Inspector of Police attached to that Police Station. On conclusion of the investigation the charges under Section 457/302/34 of the Indian Penal Code were hauled up against the four accused persons namely (1) Ghanakanta Das, (2) Bhedu Das and (3) Puma Bhuyan as the accused Ramesh was already dead during the period bf investigation, to the Court of Sessions, Darrang. On conclusion of the trial the learned Sessions Judge, Darrang found the three accused guilty under Section 302/34 of the Indian Penal Code and accordingly he sentenced them to imprisonment for the life. In addition, the three accused person were also directed to Pay a fine of Rs. 1,000/ - each in default three months R.I. It is against this order of conviction and sentence recorded by the learned Sessions Judge, Darrang that the present appeal has been preferred by the three convicts.

(2.) THE prosecution case, as gathered from the evidence of the widow and the three daughters of the deceased, is that in the night between 30 -4 -80 and 1 -5 -80 some miscreants entered into the house of Gopeswar Das of Buroiguri Roumari Village by making a hole at the northern, edge of the mudfloor of the house and one of them fired one round from a gun thereby causing gunshot injury on the abdomen of Gopeswar Das. (deceased) who succumbed to the injury instantaneously. When his 14 years old daughter Smt Bina Das raised hue and cry one of the miscreants shot another round from the said gun aiming towards her thereby causing injury on her left eye. The miscreants also fired some more rounds when the inmates of the house raised alarm. The said Bina Das and some members of the family could recognise the four accused. One Dambrowdar Bania the nephew of the deceased Gopeswar lodged the report Ext. 1. During the course of the investigation the four accused were arrested by the Investigating Officer. However, the accused Ramesh was murdered after some months of the occurrence by some persons.

(3.) ON the basis of the evidence of the witnesses and also on the basis of the Medical report, the Investigating Officer submitted the charge -sheet in the manner as stated above.