Decided on July 17,2018

Biman Deb And 6 Ors Appellant
STATE OF ASSAM And ANR Respondents


Ajit Singh, C.J. - (1.) Seven appellants, namely, (i) Biman Deb, (ii) Amarendra Deb, (iii) Ashim Deb, (iv) Anup Deb, (v) Brojendra Deb, (vi) Smti Mukti Deb and (vii) Smti Protima Deb have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.3,000/- with default stipulation. They have also been convicted under Section 324/149 of the Indian Penal Code and sentenced to rigorous imprisonment for 2 years and fine of Rs.1,000/- each, with default stipulation. They have further been convicted under Section 447 of the Indian Penal Code and sentenced to undergo 3 months simple imprisonment. The jail sentences have been ordered to run concurrently.
(2.) The victims of the incident were Bidyut Dev, aged about 50 years and his younger brother - Samar Deb, aged about 45 years. Both of them were the residents of village Pachim Cheragi within Karimganj District of Assam and were co-villagers of the appellants.
(3.) According to the prosecution case, at about 2 p.m. on 11.9.2006, Basu Deb (PW-12) and his brother Bishu Dev alongwith their cousin Sanjib Dev were grazing cattle in their field. Incidentally two of the cattle entered into the land of Amarendra Deb and Brojendra Deb. Then Rinki Deb came and threatened Basu and others to cut them with dao. In the result, Basu, Bisu and Sanjib fled home out of fear. On being so informed by them, Uma Rani Deb (PW-1) (mother of Basu and Bisu) asked her husband - Bidyut Dev to go and bring home the cattle. When Bidyut Dev reached the field to bring back the cattle, the appellants entered into the field of Bidyut Dev and attacked him with krish (sword), long dao, lathi, broom, stick etc. Bidyut Dev shouted for help and hearing his cries, Uma Rani Deb along with her daughter - Bulti Dev (PW-2) and son Basu Dev rushed towards the field. At that time, Samar Dev and Budha Deb (PW-3) - son of Bidyut Dev - were cutting grass in a nearby paddy field. They, too, heard the cries for help of Bidyut Dev and rushed towards the place of occurrence. Reaching there, all of them saw Anup Deb with a krish, Rinku Deb and Biman Deb with daos cutting Bidyut Dev on his head and other parts of the body as a result of which he fell down on the ground.;

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