RANJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and Order dated 28.7.98 passed by the learned Sessions Judge at Jorhat in Sessions Case No. 89 (J-J)/95 convicting the accused Manibar Das and Ranjit Das under Section 302/34 IPC and sentenced them thereunder to imprisonment for life and also to pay fine of Rs.2000/- each, in default, to further one year's rigorous imprisonment.

(2.) We have considered the records of the case, perused the impugned judgment and Order, and heard Mr J.M. Choudhury, learned senior counsel for the two accused appellants and Mrs K. Deka, learned Public Prosecutor, Assam.

(3.) On 19.4.94 in the morning Thanu Ram Bora (PW. 1) lodged an FIR (Ext. 1) in Teok Police Station to the effect that last evening at about 7 P.M. his son Keshab Bora (deceased) went to shop to" make some purchase and infront of the shop of Shri Prahlad Das (not examined) near Baguriguti bridge, accused Ranjit Das, Sadhu Das, Manibar Das, Sada Das (Prahlad Das's son) and Lulu Das attacked him with lathis and rods. Ratul Bora (PW. 2), Bhupen Tamuli (PW7) and Ranjit Dutta (PW.8) brought him home where he succumbed to his injuries at about 4.30 A.M. next morning. The Investigating Police Officer (PW. 11) visited the place of occurrence about a K.M. away from the deceased's house, drew up a sketch map Ext. 7, held inquest (report Ext. 2) sent the dead body for post mortem examination (report Ext. 6) and examined the witnesses. PW. 11 arrested the accused Sadhu Das and Monibar Das. Other accused persons surrendered in the Court. On completion of investigation the police charge- sheeted all the five accused persons under Sections 147/341/352/302 IPC. Of them accused Sadbu Das, Sada Das and Lulu Das were Juvenile and were forwarded to Juvenile Court for trial under the Juvenile Justice Aet, 1986. As regards accused Ranjit Das and Manibar Das, learned Magistrate committed the case to the Court of Session.