The prosecution failed to prove beyond a reasonable doubt that the appellants caused the victim's death, leading to their acquittal.

JUDGMENT :

(K.R. Surana, J.)

Heard Mr. A.M. Barbhuiya, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Senior Counsel as well as learned Additional Public Prosecutor appearing for the State of Assam.

2. Aggrieved by the impugned judgment and order of sentence dated 06.05.2023 passed by the learned Additional Sessions Judge, Hailakandi in Sessions Case No. 147/2018 the present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973.

3. By the impugned judgment, the appellants were convicted of committing offence under Sections 148/447/ 149/302/149 of the Indian Penal Code and sentenced to suffer simple imprisonment for a period of 6 (six) months. For committing of offence under Section 148 of the Indian Penal Code the reference were sentenced to suffer simple imprisonment for a period of 1 (one) month for committing the offence under Sections 447/149 of the Indian Penal Code, the appellants were convicted and sentenced to suffer rigorous imprisonment for a period of 15 (fifteen) years and also to pay a fine of Rs. 2,000/- each with default stipulation for committing the offence under Sections 302/149 of the Indian Penal Code.

4. In brief, the case of the prosecution is that on 15.10.2010, at about 11:00 AM, the appellants, herein along with Mujibur Rahman and Hannan, by forming an unlawful assemble had entered into the farm house of the complainant and they had inflicted one cut injury on the hand and ear of the care taker, namely, Safiqur Rahman and tried to kill him. It was projected that the matter was reported to the police at Panchgram Police Out Post under Algapur Police Station and the victim was taken to Kalinagar Hospital for treatment with the help of police from where he was referred to Silchar Medical College & Hospitals and later, on 18.10.2020, at about 10:00 AM taking advantage of the illness of the victim, the appellants and other two accused entered into the farm house of the complainant, broke open the door of the guard’s room which was under lock and key and took away the betel-vine, betel-nut, bamboo tree etc. therefrom and stolen the articles and occupied the house which is stated to be value added around Rs. 7,000/- to Rs. 8,000/- and the value of the betel-vine, betel-nut and bamboo was about Rs. 50,000/-. The said FIR was received as Panchgram O.P. GD Entry No. 276, dated 19.10.2010 and forwarded to the Officer-In-Charge of Algapur Police Station for registering a case and accordingly, Algapur P.S. Case No. 250/2010 under Sections 147/148/149/447/448/325/326/ 379/380/302 of the Indian Penal Code was registered. It appears that subsequently Panchgram Police Out-post was upgraded to Panchgram Police Station and the said case was re-registered as Panchgram P.S. Case No. 35/2012 dated 15.03.2012 under Sections 147/148/149/447/448/325/326/ 379/380/302 of the Indian Penal Code.

5. It appears that after registration of the case, the victim had expired. After the accused charge for the offence, two accused persons, namely, Hannan Rahman and Mujibur Rahman could not be apprehended and by an order dated 04.10.2018 the case against these two accused persons was filed. In so far as 6 (six) appellants are concerned, furnishing them with the copies as required under Section 207 of the Code of Criminal Procedure, 1973, the learned Judicial Magistrate First Class, Hailakandi, by an order dated 14.11.2018, committed the case to trial before the Court of learned Sessions Judge, Hailakandi and the trial was assigned to the Court of learned Additional Sessions Judge, Hailakandi and the charges under Sections 147/148/149/ 447/448/325/326/379/380/302 of the Indian Penal Code were framed against all the appellants and charges were read over and explained to them to which they pleaded not guilty and claimed to be tried.

6. The prosecution examined 10 (ten) witnesses namely, Md. Abdur Rejak Choudhury (PW-1), Must. Alfatun Nessa (PW-2), Md. Jamal Uddin (PW-3), Md. Abdul Malik Barbhuiya