GUWAHATI, India, Sept. 5 -- Gauhati High Court issued the following order on Aug. 5:
1. Heard Mr. P.K. Munir, learned counsel for the appellants. Also heard Ms. A. Begum, learned Addl. P.P., Assam for the State.
2. The present appeal has been filed by the 4 appellants, who have been convicted under Sections 341/302/34 of the IPC by the Court of learned Sessions Judge, Baksa, Mushalpur, in Sessions Case No.249/2018, vide judgment dated 20.01.2022 and have been sentenced to undergo 1 month simple imprisonment each under Section 341 of the IPC. They have also been sentenced to undergo rigorous imprisonment for life with a fine of Rs.1,000/- each, in default, to undergo further rigorous imprisonment for 2 months under Section 302 of the IPC.
3. The prosecution case, in brief, is that an FIR was lodged on 21.03.2010 at about 6 p.m. by the informants, (1) Mridul Pathak (2) Ratia Boro and (3) Pabin Swargiary to the In-charge, Baganpara Police Outpost. The FIR stated that at around 6 p.m. on 21.03.2010, four boys, namely, (1) Sonaram Boro (2) Bichitra Boro (Ramchiary) (3) Nijwm Boro and (4) Pradip Boro of Simlabari Village went to the house of Upen Deka to take a battery on rent. As they did not find Upen Deka or his family members, they went back. On the way back, the present appellants assaulted the four boys with sticks, due to which Sri Pradip Boro became unconscious on the spot. He was immediately shifted to Baganpara Hospital, wherefrom the Doctor referred him to Guwahati Medical College & Hospital, where he succumbed to his injuries. Pursuant to the FIR, Barbari P.S. Case No.17/2010 under Sections 341/302/34 of the IPC was registered. After the investigation of the case was completed, the I.O. submitted the chargesheet having found a prima facie case under Sections 341/342/302/34 of the IPC against the four appellants herein.
4. The learned Trial Court thereafter framed charges under Sections 341/34 and 302/34 of the IPC against the appellants, to which they pleaded not guilty and claimed to be tried. The learned Trial Court thereafter examined 10 prosecution witnesses and after examining the appellants under Section 313 Cr.P.C., the learned Trial Court came to a finding that the appellants were guilty of committing an offence under Sections 341/302/34 of the IPC. They were accordingly convicted under the said provisions and sentence was awarded to them, as has been referred to earlier.
5. The appellants' counsel submits that there are contradictions in the evidence of the four witnesses, i.e., PWs 1, 2, 3 & 5. He also submits that the prosecution has not been able to bring out the motive for the appellants to have allegedly assaulted the deceased Pradip Boro, who had subsequently expired in the hospital. The learned counsel for the appellants also submits that though the witnesses have stated in their evidence that blood was coming out from the head of the deceased, there was nothing in the inquest report to show that blood was coming out from the head of the deceased.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfPLsm8KUR0ZBFDdO9B75Rul6gcP8bG660%2BaUS1tjj5c5&caseno=Crl.A./47/2022&cCode=1&cino=GAHC010051382022&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
