BRINDABAN SUTRADHAR Vs. PRAFULLA SUTRADHAR
LAWS(GAU)-1994-6-2
HIGH COURT OF GAUHATI
Decided on June 30,1994

BRINDABAN SUTRADHAR Appellant
VERSUS
PRAFULLA SUTRADHAR Respondents


Referred Judgements :-

D STEPHENS VS. NOSIBOLLA [REFERRED TO]
KALANDI CHARAN PANI VS. GANESH DALAL [REFERRED TO]


JUDGEMENT

J. Sangma, J. - (1.)The learned Sessions Judge (Shri P.K. Das) of Barpeta, by his judgment dated 30.1.1988 in Sessions Case No. 59(B) of 1985 acquitted the 12 (accused) respopdents of the charge u/Secs. 148/302/325/324/149 I.P.C. As the State did not prefer an appeal, the informant (P.W. 1) who gave the FIR, brought this revision from the said acquittal judgment but, without impleading the State as party.
(2.)The case for the prosecution was this. The informant petitioner (Brindaban Sutradhar) lodged FIR stating that at 6-30. a.m. of 27.12.1979 while Sunil Sutradhar and Gmar Ali, were ploughing land at village Pakabetbari which belonged to Sridam and Kashinath, Sridam went to protest. When SridamTs party - Kamakhya, Paresh, Kashinath and Gopal also came the accused-Prafulla, Dhirendra, Biren, Sushil, Siben, Akhil, Bhabendra, Sunil, Ghutu, Swapan, Dulal one Khagendra bdng armed with lathies, dagger and dao etc. came in a body and assaulted Sridam, Paresh, Kashinath and Gopal with lathi and dagger etc. and Dhirendra assaulted Sridam by a dagger and killed Kamakhya on spot. On this FIR the Barpeta P.S. registered Case No. 57(12)79 on 27. 12.1979 agmnst the 12 accused respondents. On the same day, but later, the appellants party also lodged FIR against the informant and his party in the same P.S. and it was also registered. The I/O, after investigating both the cases, submitted a final report in the casefiled by appellants pahy. In the Case No. 57(12)79 the I/O submitted a charge sheet against the 12 respondents. The Chief Judicial Magistrate, Barpeta committed the case to Sessions Court for trial.
(3.)As the respondents pleaded-not guilty to the charge which the learned Sessions Judge framed on 24.9.1985 u/Secs. 148/302/324/325/ 149 I.P.C the prosecution examined 10 P.Ws. who, besides giving oral evidence, exhibited seizure list and material objects which were used in committing the offence charged. Trial Court then recorded respondentsT statement of defence u/Sec. 313 Cr. P.c. Defence examined 2 D.Ws.


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