IMPORTANT POINT
The court upheld the convictions under IPC Sections 147, 148, 149, and 302, affirming that all members of an unlawful assembly are liable for offences committed in furtherance of a common object.

JUDGMENT :

S. K. Medhi, J.

The instant appeal has been preferred under Section 374 of the Cr.P.C, against the judgment and order dated 07.01.2020 passed by the learned Sessions Judge, Karbi Anglong in Sessions Case No. 19 of 2001, corresponding to G. R. Case No. 446 of 1996, under Sections 147 /148 /149 /324 /326 /302 / 436 of the Indian Penal Code (IPC), by which the appellants were sentenced to undergo Rigorous Imprisonment (RI) of 6 (six) months for Section 147 of the IPC, RI of 1 (one) year for Section 148 of the IPC, RI of 3 (three) months for Section 447 of the IPC, RI of 6 (six) months for Section 324 of the IPC, RI of 2 (two) years and to pay fine of Rs.500/- in default, Simple Imprisonment (SI) of 1 (one) month for the Section 436 of the IPC and RI of life and to pay fine of Rs.1,000/- in default, SI for 2 (two) months for Section 302 of the IPC, each. All the sentences were to run concurrently.

2. The criminal law was set into motion by lodging of an Ejahar dated 29.08.1996 by the PW-3. It has been stated that on the previous night around 45 (Forty-Five) persons of Munda community from Jamuguri village armed with bows, arrows and guns had surrounded the residences of the people belonging to the Harijan community and launched attack by arrows and set ablaze the houses. As a result of the attack, Krishna Harijan, Keshwar Harijan and Sripati Harijan sustained grievous injuries. The homestead and properties were burnt to ashes. The informant had also identified number of accused persons. The details of the properties which were destroyed were also given. Based on the Ejahar, the formal F.I.R. was registered and investigation was made. In the meantime, injured Keshwar Harijan, who is the father of the informant, had passed away. After completion of the investigation, the Charge-sheet was laid, whereafter, charges were framed by the learned Court and on its denial, the trial had begun.

3. In the trial, the prosecution had adduced evidence through 11 (eleven) number of witnesses. Thereafter, witnesses of 4 (four) number of E.O(s) were also taken.

4. PW-1 is the Sarkari Gaonbura from village Tilai Danga and had deposed that the complainant was from the neighbouring village Jamuguri. In his cross- examination however, he had clarified that he was not present at the place of occurrence and did not know who had committed the offence.

5. PW-2 is also from the same village as PW-1 and is a signatory in the Seizure List, which was proved as Exhibit-1. In his cross-examination, however, he had clarified that he was not present in the place of occurrence and does not know who had committed the offence.

6. PW-3 is the informant, who had deposed that 40-45 (Forty to Forty-Five) persons had attacked the residential houses of the informant and the families in which, his father, mother and one brother were grievously injured. Subsequently, his father had died at the Diphu Hospital, where he was taken in a precarious condition. His mother, Sripati and brother, Krishna had also undergone treatment for a month in the Diphu Hospital. He had stated that the reason for the attack was monetary dispute. He had also deposed that he could recognise the accused persons in the moonlight as it was a full moon night. The aspect of recognition was also reiterated in the cross-examination. In the cross- examination, however, he had stated that he did not see who had shot the father, mother and brother and could only hear regarding the fact that accused Kanu Munda had shot his father, accused Suren Munda had shot his mother and accused Jatia Munda had shot his brother by bow and arrow.

7. PW-4 is the brother of the informant, who had also stated that he could witness the attack and also, the killing of his father and injuries caused to his brother and mother. He had also deposed that he could recognise the accused persons as it was a full moon night.

8.