The judgment emphasizes the importance of establishing the common object of an unlawful assembly before invoking Section 149 IPC and highlights the need for consistent and credible evidence to support convictions.

JUDGMENT

Mir Alfaz Ali, J. - Heard Mr. A Choudhury and Mr. LR Mazumder, learned counsel appearing for the appellants and Ms. S Jahan, learned Addl. Public Prosecutor, Assam.

2. This appeal is directed against the judgment and order passed by the learned Sessions Judge, FTC, Silchar in Sessions Case No.154/2010, whereby learned Sessions Judge convicted the present appellants under section 302/147/148/323/325 IPC read with section 149 IPC and sentenced them to imprisonment for life and fine of Rs.20,000/- with default stipulation under section 302 IPC. The appellants were further sentenced to pay fine of Rs.1,000/- each under section 147/148/323 IPC in default to simple imprisonment for three months. They were also sentenced to rigorous imprisonment for three years and fine of Rs.5,000/- with default stipulation under section 325 IPC.

3. As per the prosecution case, on 06.12.2008, when Rafique uddin (Pw-6) and Pw-1 were coming from Silchar and reached in front of the house of Abdul Malik Mazumder, Pw-6 was hit by appellant Abdul Malik Mazumder by his bicycle, whereupon an altercation ensued between the accused Malik and Pw-6. At that point of time, all the accused persons named in the FIR being armed with lathel weapons, restrained Pw-6 and assaulted him. Having received the information about the occurrence, Romij Uddin (deceased) and his son Pw-8 and Pw-7 came to the place of occurrence and when they enquired the appellant about the incident, all the accused persons named in the FIR assaulted them with iron rods, spear, stone etc. As a consequence of the assault, Riaz uddin (deceased) sustained serious injuries and he was immediately taken to police station and then shifted to Silchar hospital, where the doctors declared him dead. The FIR (Exhibit-2) was lodged by Pw-3 on the basis of which Silchar PS Case No.2500/2008 was registered under sections 147/148/149/341/325/302 IPC. During investigation, police recorded the statement of the witnesses, seized some blood stained clothes, send some of the witnesses for recording their statement under section 164 Cr.P.C., prepared the inquest report and send the injured for medical examination and the body of the deceased for conducting the post-mortem examination.

4. Pw-9, Dr. Gunojit Das, who conducted the post-mortem examination on the body of the deceased, Ramiz Uddin Laskar found the following injuries:

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"(i) Pressure abrasion of size 6 x 4 cm. At the right side of front of forehead 2 cm. above lateral of eyebrows.

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(ii) Lacerated injury at scalp at the right frontal area 2 x 1 cm. scalp deep 1 cm. above injury No. (1).

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(iii) Pressure abrasion of size 6 x 1 cm. at the lateral aspect of left forearm at the middle part."

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In the opinion of doctor, death was due to coma resulting from the head injuries. All the injuries were anti mortem in nature caused by blunt impact and the time of death was about 16 to 24 hours before the post-mortem.

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5. Pw-11, Dr. Anupam Paul, who examined the prosecution witnesses, PW-8, Ripon Uddin Laskar and PW-6, Rafique Uddin Laskar found as follows:

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"Ripon Uddin Laskar:

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(i) Lacerated injury left occipital region of size 3 x 1 cm. Rafique Uddin Laskar:

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(i) Abrassion of the right knee joint of size 1 x 2 cm. In the opinion of the doctor, the injuries were simple and fresh caused by blunt weapon. "

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6. Pw-13, Dr. Arun Kumar Sipani deposed that the prosecution witness No.7, Bahar Uddin Laskar was examined by Dr. Swapan Pran Saikia, at SMCH, who found the following injuries:

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"(i) Pain, swelling, abnormal movement lower forearm.

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(ii) Bony crepitus, tenderness on pulpation in upper 3rd forearm."

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7. On conclusion of investigation, charge-sheet was laid against the eight accused persons named in the FIR who eventually stood trial before the court of Session. Learned Sessions Judge framed charges against all the charge-sheeted accused under Section 147/148/341/323/325/302, read with Section 149 of the