Decided on February 23,1970

MAJAN MIA Appellant
THE STATE Respondents


P.K. Goswami, J. - (1.) THIS appeal is by three appellants who are the only convicted persons out of twelve including them charged before the Court of Session under various sections of the Indian Penal Code. These three were convicted under Sections 302/149, 302/34 and 147, I.P.C. and sentenced to imprisonment for life under the first two sections and one year's R.I. under Section 147, I.P.C.
(2.) PROSECUTION case as revealed in the first information report is that on 2nd September, 1966 at about 8 -00 A.M. when Ramesh Chandra Nath (deceased) and his son Rabindra Kumar Nath (P.W. 4) were ploughing their land, accused Majan Mia along with 30/35 persons armed with lenjas, spears, daos and lathis attacked them from all directions. Ramesh and Rabindra received severe injuries and Ramesh who was removed to the Barkhola hospital succumbed to the injuries the same day after a dying declaration had been recorded by the doctor attending him there. Rabindra who received medical treatment at Silchar has survived the attack. According to the prosecution, Ramesh and his brothers have cultivable land under jote from their aunt Champak Devi measuring about 14 years and they have been in possession of the same since the time of her husband under whom also they had held the land. Ramesh was separate from his other brothers and while he had separate possession of four years, he also along with his brothers had joint possession of the remaining years. It is said that on the date of occurrence when Ramesh and Rabindra were on their field ploughing a portion of this land, the accused persons along, with many others came in two boats and. attacked them resulting in injuries to both the persons with the result as above stated.
(3.) PROSECUTION examined 13 witnesses including two doctors and two police officers. The evidence of another doctor who was examined in the Committing, Court has been tendered in the court below. The defence of the accused is that they are innocent and accused Majan particularly states that the land was in his possession under Champak Devi and that his servants Jonab Ali, Aktar Ali, Jomsed Ali and Irsad Ali went to the field for clearing water hyacinth and he knows nothing about the occurrence.;

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