PAWAN GARH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This judgment of ours would dispose of Criminal Appeal No. 73(J)/97 filed by Pawan Garh and Dulal Garh and Criminal Appeal No. 284( J)/97 filed by Bijoy Aim. The said accused appellants have been convicted by the learned Sessions Judge, Dibrugarh, and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and also to pay a fine of Rs.500/- each, in default of payment of which they have been sentenced to undergo further rigorous imprisonment for a period of one month each.

(2.) At the outset it must be noted that the occurrence is alleged to have taken place in two incidents, one after the other. In the first incident Bijoy Aim, appellant, was not there and it is only other two appellants, namely, Pawan and Dulal were alleged to be present.

(3.) The prosecution case as has been unfolded in the First Information Report (FIR) lodged by Shri Palash Jyoti Sarma, Assistant Manager, Harishpur Tea Garden, PW-3 is that at about 2.45 P.M. of 15th Dec'93 Shyamal Chandra Bagchi, the owner and Managing Director of Harishpur Tea Garden and one Sardarni Smti. Sumati Denta were given injuries by the appellants and others with dao, sword etc. in the tea garden when they were inspecting the same. The injured persons were taken to the hospital where they were declared dead.The FIR lodged on the same day of the incident reads as under - "Humble submission is that at about 2.45 PM (157) to day while Shri Shyamal Chandra Bagchi, the Managing Director of our Harishpur Tea Garden and 'Sardarni' Smti. Sumati Denta were inspecting the garden, culprits Dulal Garh, Pawan Garh, Bijoy Aim and others unitedly surrounded them Barhola Section and injured them by assaulting with some deadly weapons such as sharp dao, sword etc. In a bid to save the Proprietor and the 'Sardarni' the garden's workers Shri Marshal Sanga and few others helped the proprietor into a vehicle. But the miscreants resorted to attack in the vehicle also; they also caused damage to the vehicle by breaking its glasses. About that time Shri Tokeswar Gogoi,,a garden employee, came to the place of occurrence and he tried to save the director from the attack. In doing so, the miscreants injured Shri Tokeswar Gogoi also by assaulting with sharp weapons in the head. In the meantime when the news was spread in the garden and people started coming to the place of occurrence the said miscreants ran away from the place of occurrence. Then the injures persons were taken to hospital. But the doctor declared Shyamal Bagchi and Smti Sumati dead. It is, therefore, prayed that steps be taken after investigating the incident."