The court determined that the lack of premeditation during an altercation when the appellants assaulted the deceased supports a conviction under Section 304 Part-II IPC rather than Section 302 IPC.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. B. K. Mahajan, learned counsel for the appellants. Also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State of Assam.

2. This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure, 1973, has been filed by ten appellants challenging the judgment and order dated 10.07.2019, passed by the learned Additional Sessions Judge, Barpeta, in Sessions Case No. 25/2014. By the impugned judgment, all the appellants were convicted under Sections 147 , 148, 341, and 302 read with Section 149 of the INDIAN PENAL CODE and sentenced as follows:

All the sentences were directed to run concurrently.

3. The facts relevant for adjudication of the instant appeal, in brief, are as follows: -

(i) That, on 10.01.2009, one Matiur Rahman lodged an FIR before the In-charge of Balikuri Police Patrolling Post, alleging, inter alia, that at about 7:30 PM on 08.01.2009, the accused persons named in the FIR, armed with lathis and other weapons, waylaid his uncle, Hazrat Ali, in front of the house of accused No. 1, Abdul Aziz. They inflicted severe injuries on Hazrat Ali by assaulting him on the head with bamboo lathis. The FIR further states that although the injured was immediately shifted to Barpeta Road Life Care Nursing Home, the doctor referred him to Barpeta Civil Hospital due to the grievous nature of his injuries. Later, at about 12:30 AM on 10.01.2009, while undergoing treatment at Barpeta Civil Hospital, Hazrat Ali succumbed to his injuries.

(ii) Upon receiving the aforesaid FIR, the In-charge of the Balikuri Police Patrolling Post made a GD Entry at about 10:00 AM and forwarded the FIR to the Officer-in-Charge of Baghbar Police Station. Based on the FIR, the Officer-in-Charge of Baghbar Police Station registered Baghbar P.S. Case No. 8/2009 under Sections 147 /148/149/341/302 of the INDIAN PENAL CODE . The investigation of the case was entrusted to ASI Dwarika Mohan Deka.

(iii) During the course of the investigation, the Investigating Officer took usual steps in the investigation like getting the inquest of the dead body done, drawing up the sketch map of the place of occurrence, seizing the weapons used in assaulting the deceased, recording the statement of witnesses and collecting the post-mortem examination report. Ultimately, after completion of the investigation, the Investigating Officer laid the Charge-Sheet against the appellants under Section 147 /148/149/341/302 of the INDIAN PENAL CODE .

(iv) All the appellants faced the trial while remaining on bail. By order dated 04.03.2014, the Court of learned Additional Session Judge (FTC), Barpeta framed the charges under Sections 148 /147/149/341/302 of the INDIAN PENAL CODE against t