Ranjan Gogoi, J. - (1.) Criminal Appeal No.204 of 2004 is directed against the judgment and order dated 9.6.2004 passed by the learned Ad hoc Additional Sessions Judge, Karimganj in Sessions Case No.53 of 2001 by which the five accused appellants have been convicted under sections 148/323/447/302, IPC read with section 149, IPC. Each of them have been sentenced to rigorous imprisonment for life and to pay a fine of Rs.5,000, in default, to suffer rigorous imprisonment for three months more under section 302; rigorous imprisonment for six months each under section 148, IPC; rigorous imprisonment for six months for the offence under section 323, IPC read with section 149, IPC and rigorous imprisonment for two months under section 447, IPC read with section 149, IPC. By the aforesaid judgment and order, eight (8) other charge sheeted accused have been acquitted of the said offences. Criminal Appeal No.91(J) of 2004 have been filed separately by one of the five accused appellants in Criminal Appeal No.204 of 2004. Both the appeals were, therefore, heard and are being disposed of by this common order.
(2.) The prosecution case in short is that on 3.1.1993 at about 5.15 p.m., PW--4, Smt. Ratna Das, lodged an FIR in the Bazaricherra Police Outpost stating that at about 7 p.m. of the previous day, i.e., 2.1.1993, the accused named in the FIR (which included the accused appellants) came to the courtyard of their house and called her father Girindra Das. According to the first informant as soon as her father Girindra Das came out of the house and reached the courtyard, accused appellant Kulesh hit him in the head with a dao. The father of the first informant became unconscious and fell down on the ground. Seeing this, her younger brother Sailendra Das rushed to save his father when accused appellant Abhinash hit Sailendra with a "Ballam" (spear). According to the first informant, the accused persons had hit Sailendra repeatedly with lathi, dao and spear as a result of which he died at the place of occurrence. In the first information report, it was also mentioned that the eldest brother of the first informant one Shri Nirendra Das and another elder brother of the first informant Samarendra had also sustained injuries when they tried to save their father and their brother (Sailendra) from the assailants. According to the first informant, when she had come out of the house accused Shri Nagendra Rudra Paul caused injuries to her in the right elbow by hitting her with a lathi.
(3.) On receipt of the aforesaid FIR, an entry in the General Diary of the Bazaricherra Police Outpost (G.D. Entry No.36 dated 3.1.1993) was made and the ejahar was sent to the Officer In-charge of the Patharkandi Police Station for registration of a case. Shri Poona Gogoi, S.I. of Police (PW-13), In-charge of Bazaricherra Police Outpost, went to the place of occurrence to investigate the crime alleged. At the same time, on receipt of the ejahar, Patharkandi P.S. Case No.4 of 1993 under sections 147/148/149/447/325/326/302, IPC was registered. The police party led by PW-13, Poona Gogoi on reaching the place of occurrence prepared a sketch map thereof. Inquest was held on the dead body of Sailendra Das which was sent for post mortem examination. The injured, including Girindra Das were sent for medical examination. Girindra Das also having died three days later, inquest was held and the dead body was also sent for post mortem examination. Statements of persons acquainted with the incident were recorded by the investigating officer under section 164, Cr.PC. Thereafter, at the conclusion of the investigation, charge sheet was submitted against 15 accused including the five accused appellants. As the offences alleged were exclusively triable by the court of Sessions, the learned Judicial Magistrate, First-Class, Karimganj by order dated 21.8.2001 committed the case for trial to the court of Sessions at Karimganj.;