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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Manash Ranjan Pathak, Manish Choudhury, JJ.
Shri Balai Kshetriya, S/O Late Jaladhan Kshetriya And Ors. – Petitioners
Versus
The State of Assam and anr. – Respondents
Crl.A. 158 of 2015
Decided On : 26-06-2020
Assault - Indian Penal Code - Sections 323/324/302/34 - The judgment discusses the assault on the deceased and his sons by the accused appellants, leading to the death of the deceased and injuries to the sons. The court analyzed the evidence, including medical reports and witness testimonies, to establish the guilt of the accused appellants under the relevant sections of the Indian Penal Code.
Fact of the Case:
The case involved the assault on the deceased and his sons by the accused appellants, resulting in the death of the deceased and injuries to the sons. The deceased's sons lodged a written ejahar, leading to the registration of the case. The accused appellants were convicted under Sections 323/324/302/34 of the Indian Penal Code and sentenced to rigorous imprisonment.
Finding of the Court:
The court found the accused appellants guilty of the offenses under Sections 323/324/302/34 of the Indian Penal Code based on the evidence presented, including witness testimonies and medical reports. The court also noted the absence of evidence to doubt the presence and credibility of the witnesses, who were both injured and related to the deceased.
Issues: The court addressed the delay in lodging the FIR, the credibility of the witnesses who were related to the deceased, and the existence of a land dispute between the parties. The court found no inordinate delay in lodging the FIR and no reason to doubt the credibility of the witnesses. The court also noted that the existence of a land dispute did not discredit the prosecution's case.
Ratio Decidendi: The court emphasized that delay in lodging the FIR cannot discredit the prosecution's case, especially in cases involving acute factions. The court also highlighted the importance of injured witnesses' testimony and the need for careful scrutiny of related or interested witnesses' evidence. The court emphasized that related witnesses do not normally spare the guilty and implicate innocent persons.
Final Decision: The court partly allowed the appeal, modifying the conviction and sentences of the accused appellants to a lesser offense under Section 304 Part II of the IPC read with Section 323 IPC. The accused appellants were sentenced to undergo rigorous imprisonment for seven years and fined. The sentences were to run concurrently.
JUDGMENT :
M.R. Pathak, J.
Heard Mr. T. R. Deuri, learned counsel for the accused appellants and Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the Opposite Party No. 1.
2. This appeal has been preferred by the accused appellants (i) Shri Balai Kshetriya, (ii) Shri Khusi Mohan Kshetriya, (iii) Shri Bidu Kshetriya and (iv) Shri Sudev Kshetriya being aggrieved with the impugned judgment dated 26.02.2015 passed by learned Additional Sessions Judge (Fast Track Court), Barpeta in Sessions Case No. 179/2011, arising out of Barpeta Police Station Case No. 27/2007 corresponding to G.R.Case No. 56/2007, whereby they have been convicted under Sections 323/324/302/34 of the Indian Penal Code, sentenced with Rigorous Imprisonment for Life with fine of Rs. 5,000/-each, in default to undergo Rigorous Imprisonment for another one year under Section 302/34 IPC, sentenced to pay fine of Rs. 500/-each in default to undergo Rigorous Imprisonment for one month under Section 323/34 IPC and further sentenced to undergo Rigorous Imprisonment for six months each under Section 324/34 IPC for causing death of Subal Khatriya, where the sentences to run concurrently.
3. The case was set into motion on receipt of an written ejahar dated 09.01.2007 (Exhibit-1) lodged by Sri Bangkar Khatriya (PW.1) before the In-Charge of Howly Out Post, stating that around 09:00 am on the previous day, i.e., 08.01.2007 the accused persons, namely, (i) Shri Bolai Khatriya, son of late Jaladhar Khatriya, (ii) Shri Khusi Mohan Khatriya, son of Shri Bolai Khatriya, (iii) Shri Sukhdev Khatriya, son of late Jaladhar Khatriya and (iv) Shri Bidu Khatriya, son of Shri Bolai Khatriya, all are resident of Village -Satbhanirtup, Police Station and District -Barpeta in a body trespassed in to their house and asked its inmates to vacate it. When his father, Subal Khatriya asked the accused persons as to why they should vacate their own house, the accused persons with iron crow bar assaulted his father in his head and caused grievous injury. Then he and his elder brother Sankar Khatriya (PW.2) requested the accused persons to leave their premises, whereupon the accused persons assaulted him and his elder brother injuring them severely. Hearing their hue and cry when the villagers came forward, the accused persons left their house. With the assistance of the villagers, while his father was taken to the Gauhati Medical College Hospital in a critical condition, he expired on the midway at Nalbari. By the said ejahararthe informant requested the authority concerned to take appropriate action.
4. The said ejahar was written by one Sahab Uddin Ahmed (PW.8) as told by the informant and it was read over to him and the informant duly verified it. On receipt of said written ejahar the same was entered as Howly Out Post G.D. Entry No. 219 dated 09.01.2007 and forwarded the same to the Barpeta Police Station, wherein it was received on 10.01.2007 and registered as Barpeta Police Station Case No. 27/2007 under Section 448/325/302/34 IPC (Exhibit-1), corresponding to G.R. No. 56/2007 (PRC No. 343/2010).
5. On being identified by the informant (PW.1), inquest on the dead body of Subal Khatriya was conducted on 09.01.2007 by the then In-Charge of Howly Out Post (PW.10) in its compound itself and prepared the Inquest Report (Exhibit-2) in presence of witnesses (PWs. 3, 7 and 9) and by preparing necessary challan, forwarded the said dead body to the Barpeta Civil Hospital, Barpeta for its post mortem examination, visited the place of occurrence and drawn its sketch map (Exhibit-3), recorded the statements of the witnesses acquainted with the facts of the case and after collecting the post mortem examination report of the deceased (Exhibit-5) from Barpeta Civil Hospital and the Injury Reports Subal Khatriya (deceased), Shankar Khatriya (PW.2) and Bankar Khatriya, Informant (PW.1) and on completion of said investigation, finding prima facie materials regarding their involvement in the case, the con
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