JUDGMENT & ORDER : N. Sailo, J. The 3 (three) Criminal Appeals have arisen out of the common judgment and order dated 19.12.2013 passed by the Additional Sessions Judge, Cachar, Silchar in Sessions Case No. 71/2008 and therefore, those are taken up together for disposal. 2. Criminal Appeal No. 10(J)/2014 is preferred by Kala Mia Laskar against the judgment dated 19.12.2013 whereby, he was convicted U/Ss 148/447/323/302 of the Indian Penal Code (IPC). On conviction, he was sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5000/- U/s 302 of the IPC and in default, to undergo further rigorous imprisonment for 6 (six) months. For his conviction U/s 148 of the IPC, he was sentenced to undergo rigorous imprisonment for 6 (six) months. For his conviction U/s 447 of the IPC, he was sentenced to undergo rigorous imprisonment for 1 (one) month and for conviction U/s 323 of the IPC, to undergo rigorous imprisonment for 4 (four) months. All the above sentences were directed to run concurrently with the period already spent on detention to be set off. 3. The 3 (three) appellants in Criminal Appeal No. 22/2014 have assailed the judgment and order dated 19.12.2013 for being convicted U/Ss 148, 447 and 323 of the IPC and pursuant to which, they were sentenced to undergo rigorous imprisonment for a period of 6 (six) months U/s 148 of the IPC; rigorous imprisonment for 1 (one) month for the conviction U/s 447 of the IPC; and rigorous imprisonment for 4 (four) months for the conviction U/s 323 of the IPC. All the sentences were directed to run concurrently and the period already spent on detention to be set off. 4. Criminal Appeal No.186/2014 is preferred by the informant Shri Bidhan Seal @ Bidhan Sheel @ Bidhan Chandra Seal seeking conviction of all the accused persons in Sessions Case No.71 of 2008 besides Kala Mia Laskar U/Ss 302/149 of the IPC and for enhancement of their sentences, besides payment of adequate compensation to the family of the victim U/s 357A of the Code of Criminal Prosedure, 1973 (CrPC). 5.
5. The prosecution’s case in brief is that Shri Bidhan Chandra Seal (PW-1) lodged an FIR on 17.08.2005 before the Officer-In-Charge of Dholai Police Station stating that at around 4.30 P.M. that day while he, his father and brother were working in their paddy field, the 9 (nine) accused persons named in the FIR with a pre-planned conspiracy trespassed into their land situated at Shewrartol and started damaging their paddy by grazing their cattle. When his father raised an objection, the accused persons got agitated and together, they launched an attack upon them. They assaulted his father with lathi and dao and as a result, he fell to the ground. He was then dragged towards the boundary of their house and was killed on the spot. The accused persons caused grievous injuries to his brother Shri Mohan Seal on his head by giving him blows with dao and spear. They also caused multiple injuries on different parts of his body by giving him lathi blows as he foiled their attempt to kill him with a spear. On hearing their shouts and scream, his wife Jamuna Seal came out to rescue them but the accused persons also did not spare her and by hitting her on her head with a dao caused grievous injury upon her as well. 6. On receiving of the FIR, the Officer-in-Charge of Dholai Police Station registered Dholai P.S. Case No. 176/2005 dated 17.08.2005 U/Ss 147/148/ 149/447/302/326/307/325/323 of the IPC and started investigation. Upon completion of the investigation, the case I.O. filed a charge-sheet against 6 (six) accused persons before the Addl. Chief Judicial Miagistrate, Cachar, Silchar. The case being exclusively triable by a Sessions Court, it was committed to the Sessions Court at Silchar whereafter, charge was framed against all the accused persons U/Ss 447/148/149/323/302 of the IPC. Since all the accused persons pleaded not guilty and claimed to be tried, the trial commenced against the accused persons. 7. During the trial, the prosecution examined as many as 11 (eleven) prosecution witnesses while no witnesses were presented by the defence. Upon completion of the prosecution’s evidence, all the accused persons were examined U/s 313 of the CrPC and thereafter, the Trial Court passed the impugned judgment and order dated 19.12.2013, convicting and sentencing the accused persons in the manner as mentioned in the foregoing paragraphs. 8. Ms.
Upon completion of the prosecution’s evidence, all the accused persons were examined U/s 313 of the CrPC and thereafter, the Trial Court passed the impugned judgment and order dated 19.12.2013, convicting and sentencing the accused persons in the manner as mentioned in the foregoing paragraphs. 8. Ms. S. Kanango, the learned Amicus Curiae for the appellant in Criminal Appeal No. 10(J) of 2014 submits that all the 11 (eleven) prosecution witnesses are family members of the deceased and therefore, they are interested witnesses. She submits that PW-1 is the son of the deceased and also the informant. The other prosecution witnesses, except the doctor and the case I.O. are also all related to the deceased. Therefore, since there are no independent witnesses to corroborate the evidence led by the interested witnesses, the impugned Judgment convicting and sentencing the appellants concerned cannot be sustained and should be set aside. 9. Ms. S.H. Borah, the learned Addl. Public Prosecutor on the other hand submits that from the materials available on record, the impugned judgment was rightly passed by the learned Trial Court. In support of her submission, she draws our attention particularly to the deposition of PW Nos. 1, 3 and 7. She submits that even when the accused persons were examined U/s 313 of the CrPC, no explanation was forthcoming from them to even remotely explain the evidence which appeared against them. She further submits that though the prosecution witnesses may be related to each other but, only for this reason, it cannot be presumed that they all are interested witnesses and their evidence are to be discredited or discarded. She submits that as can be seen, the evidence led by the prosecution witnesses are reliable and trustworthy and in the absence of anything to the contrary, the same was rightly relied upon by the Trial Court. 10. Mr. S. Chauhan, the learned counsel for the appellant in Criminal Appeal No. 186/2014 by referring to paragraph No. 30 of the judgment in particular submits that in view of the finding arrived at by the learned Trial Court, all the accused persons should have been convicted and sentenced adequately.
10. Mr. S. Chauhan, the learned counsel for the appellant in Criminal Appeal No. 186/2014 by referring to paragraph No. 30 of the judgment in particular submits that in view of the finding arrived at by the learned Trial Court, all the accused persons should have been convicted and sentenced adequately. The deceased person sustained multiple injuries and the evidence of the prosecution witnesses clearly establishes their role in causing the injuries and therefore, the sentence against the accused persons should be enhanced and the family members of the deceased be given adequate compensation in terms of Section 357-A of the Cr.P.C. 11. We have heard the submissions advanced by the learned counsel for the rival parties and have perused the materials available on record including the lower Court record. In order to find out the correctness or otherwise of the conclusion arrived at by the Trial Court, the evidence led against the accused persons by the prosecution may be examined. 12. PW-1, Shri. Bidhan Seal who was the informant and son of the deceased in his examination-in-chief deposed that he knew all the accused persons who were his neighbours. The occurrence took place on 17.08.2005 at around 4:30 p.m. in their paddy field. At the relevant point of time, he alongwith his father i.e. Makhan Seal and his brother Mohan Seal were working in the paddy field. Upon seeing a cow belonging to the accused persons damaging their paddy, his father raised an objection to which, the accused persons became furious. Hearing the call of Robijul, the other accused persons, namely Joinul, Kala, Chandu, Chandbabu, Babul, Rejon Begum, Renu Begum and wife of Joinul armed with dao, lathi, bollom etc. arrived on the spot and started assaulting his father with the weapons in their hands. Joinul assaulted his father with a wooden stick which was of about 3 cubits in length. Robijul assaulted his father with lathi and Kala with a dao. Seeing the assault on his father, he and his brother tried to rescue his father but the accused persons also started assaulting them.
Joinul assaulted his father with a wooden stick which was of about 3 cubits in length. Robijul assaulted his father with lathi and Kala with a dao. Seeing the assault on his father, he and his brother tried to rescue his father but the accused persons also started assaulting them. He further deposed that their house was situated at the distance of about 200 cubits away from the place of occurrence and therefore, hearing the commotion and their cry, his wife Jamuna Seal came running to save them but as she arrived at the scene, she was assaulted by the accused persons with their weapons as a result of which, she sustained head injuries. His brother Mohan Seal sustained injuries on his hand and his sister Mamata Seal and his daughter Suparna Seal who came to the place of occurrence were also assaulted by the accused persons. His father on receiving injuries fell on the ground and died on the spot. On the same night at about 11.00 p.m., he alongwith his wife and brother Mohan Seal went to Dholai Police Station and lodged an FIR. They were examined by a Doctor in Dholai Public Health Centre (PHC) at the instance of the Police and upon such examination, his brother Mohan Seal was sent to Silchar Medical College Hospital for better treatment. The police visited the place of occurrence on the same night and his statement was recorded. 12.1. In his cross examination, PW-1 deposed that there were houses at a distance of about 200/250 nals away from the place of occurrence but no one was present in the cultivation at the relevant time. Upon hearing their hue and cry, many people came out from their houses and went to the place of occurrence only to find his father lying on the ground with injuries. According to him, there was no dispute with Robijul Ali before the incident and they were living peacefully. 13. PW-2, Smt. Jamuna Seal, daughter-in-law of the deceased deposed in her examination-in-chief that she knew all the accused persons and they were their neighbours. The incident took place about 4 years back at around 4.30 p.m. in their paddy field while she was in her house located at a distance of about 150 cubits from the place of occurrence.
13. PW-2, Smt. Jamuna Seal, daughter-in-law of the deceased deposed in her examination-in-chief that she knew all the accused persons and they were their neighbours. The incident took place about 4 years back at around 4.30 p.m. in their paddy field while she was in her house located at a distance of about 150 cubits from the place of occurrence. Her husband Bidhan Seal, her father-in-law (the deceased) and her brother-in-law, Mohan Seal were working in their paddy field. Hearing their hue and cry, she rushed to the place of occurrence and saw the accused Joinul, Robijul, Kala, Rejon, Renu Begum, Chandu, Chanbabu, Babul and wife of Joinul assaulting her father-in-law. The accused persons were armed with dao, lathi and khosa. She also saw them assaulting her husband and brother-in-law as well. Her father-in-law after the assault, fell on the ground and died on the spot. When she tried to save her husband from the accused persons, she was also given a dao blow on her head by Kala causing her injuries. The accused Kala also assaulted her brother-in-law Mohan by dao and the others with a lathi. The accused persons after assaulting her father-in-law dragged his body across the paddy field and left him near the well. On hearing her cry, her daughter Suparna Seal (PW-5) and her sister-in-law, Mamata Seal (PW-4) came to the scene and witnessed the incident. There was no other house adjacent to their house. She, her husband and her brother-in-law first went to Dholai Police Station in an injured condition to lodge an FIR where the Police recorded their statements. Thereafter they were sent to Dholai Hospital for medical treatment. 13.1. In her cross-examination, PW-2 deposed that all the family members of Joinul were implicated as accused in the case. The incident occurred after there was an altercation between her father-in-law and Robijul Ali due to eating of the paddy by a cow. She reiterated that she saw Kala and Joinul assaulting her father-in-law. Her husband was assaulted by Chandu, Chandbabu and others and her brother-in-law was assaulted by Kala and Joinul. Accused Kala had a dao in his hand and Joinul had a Khosa while Robijul and his daughter had lathi in their hands. 14. PW-3, Sh.
She reiterated that she saw Kala and Joinul assaulting her father-in-law. Her husband was assaulted by Chandu, Chandbabu and others and her brother-in-law was assaulted by Kala and Joinul. Accused Kala had a dao in his hand and Joinul had a Khosa while Robijul and his daughter had lathi in their hands. 14. PW-3, Sh. Mohan Seal, brother of PW-1 and the younger son of the deceased, in his examination-in-chief deposed that he knew all the accused persons who were his neighbours. The occurrence took place on 17.08.2005 at around 4.30 pm in their paddy field. At the relevant point of time, he alongwith his father and his brother Bidhan Seal were working in their paddy field. His father saw a cow belonging to Robijul Ali damaging their paddy. Seeing this, he protested. Hearing his protest, Robijul became furious and he called his family members. Hearing the call of Robijul, the other accused persons, namely Joinul, Kala, Chandu, Chandbabu, Rejon, Renu, Mina Begum and Babul came to their paddy field with lathi, dao etc. in their hands and started assaulting his father. Joinul had a lathi in his hand and others with dao assaulted his father. Seeing the assault on his father, he and his brother tried to rescue his father but the accused persons also started assaulting them. Upon hearing their cry, his sister-in-law Jamuna Seal (PW-2) and his sister Mamata Seal (PW-4) came to the place of occurrence but the accused persons also assaulted Jamuna Seal. His niece Suparna Seal (PW-5) who was nearby also saw the occurrence. His father on receiving injuries fell on the ground whereafter the accused persons dragged his body towards a well nearby; his father died on the spot. After the accused persons left, he alongwith his sister-in-law and brother went to Dholai Police Station who sent them to nearby Dholai Public Health Centre (PHC) for medical examination and the police recorded their statements. 14.1. In his cross examination, PW-3 deposed that there were no nearby houses to the P.O. and the nearest houses were at a distance of about 1 kilometer away. Their neighbours came to the place of occurrence and found his father lying injured near the well. 15. PW-4, Smt. Mamata Seal, daughter of the deceased, in her examination-in-chief deposed that the incident took place about 4 (four) years back at about 3/4 p.m. in their paddy field.
Their neighbours came to the place of occurrence and found his father lying injured near the well. 15. PW-4, Smt. Mamata Seal, daughter of the deceased, in her examination-in-chief deposed that the incident took place about 4 (four) years back at about 3/4 p.m. in their paddy field. At the relevant time, she was in her house located about 200 cubits from the place of occurrence. Hearing hulla (shouts and cry), she came out of the house and saw the accused persons viz; Joinul, Kala, Rajan and wife of Rajan’s brother assaulting her father with lathi, dao etc. Her brothers, Bidhan Seal and Mohan Seal were working in the field with their father. Hearing the hulla, her sister-in-law Jamuna Seal went to the place of occurrence. The accused persons assaulted her brother and sister-in-law. On receiving injuries, her father fell on the ground and died on the spot. Suparna Seal (PW-5), daughter of her brother Bidhan, who was catching fish in the nearby pond, also witnessed the incident. Seeing the occurrence, she raised hue and cry. After the incident, her brothers and sister-in-law went to Dholai Police Station in an injured condition and informed the police. The police then came and visited the place of occurrence and recorded their statements. She noticed cut injuries on the head, hand, back and other parts of the body of her father. Her sister-in-law sustained cut injuries on her head and her brother Mohan Seal also sustained head injuries. In her cross examination, she reiterated what she stated in her examination-in-chief. 16. PW-5, Smt. Suparna Seal in her examination-in-chief deposed that the deceased was her grandfather. On the day of the incident, her grandfather alongwith her father Bidhan Seal and uncle, Mohan Seal were working in their paddy field while she was catching fish with a fishing hook in a pond near their house. A cow belonging to the accused persons was damaging their paddy. Seeing this, her grandfather protested and thereafter, she saw the accused Robijul giving a lathi blow on the head of her grandfather. Soon after, wife of Robijul, Kala, Joinul, Chandbabu, Chandu, Ranjan and wife of Joinul appeared on the scene with dao, lathi etc. They started assaulting her father Bidhan Seal and her uncle Mohan Seal.
Seeing this, her grandfather protested and thereafter, she saw the accused Robijul giving a lathi blow on the head of her grandfather. Soon after, wife of Robijul, Kala, Joinul, Chandbabu, Chandu, Ranjan and wife of Joinul appeared on the scene with dao, lathi etc. They started assaulting her father Bidhan Seal and her uncle Mohan Seal. Seeing the assault on her grandfather and others, she raised hue and cry and soon after, her mother Jamuna Seal came to the scene and tried to save her father and others but the accused Joinul gave a dao blow on the head of her father. Her aunt Mamata Seal, PW-4 also saw the occurrence. She saw the occurrence from a distance of about 20/25 cubits. Her grandfather died on the spot while her uncle, Mohan Seal sustained injuries in his neck and on his head. Police visited the place of occurrence and recorded their statements and thereafter, she and Mamata were produced before the Magistrate who recorded their statements as well. She exhibited her statement as Exhibit-3 and signatures as Exhibit-3(1) and Exhibit-3(2) respectively. Though PW-5 was cross examined, she reiterated what she stated in her examination-in-chief. 17. PW-6, Sh. Manik Seal in his examination-in-Chief deposed that the informant Bidhan Seal is his younger brother and the deceased, his father. He knew all the accused persons who were from his locality. The incident occurred about 6 years back in the paddy field near their house. While he was at the house of Govinda Barman where Puja was being performed, he saw his brother Bidhan Seal alongwith his wife and son coming towards the house of Govinda Barman crying. On asking them the reason, they told him that Robijul, Joinul, Kala, Chandu and Babul alongwith their mother and sister assaulted them and Makhan Seal, their father. Due to the assault, Makhan Seal died on the spot. On hearing this, he rushed to the place of occurrence. On reaching the spot, he came to learn that after his father was assaulted in the paddy field, he was dragged towards the front of their house where he found his dead body lying there. He also noticed that his brother Bidhan and his wife sustained multiple injuries on different parts of their body. His brother then lodged the FIR before the Police while he remained in the house. The police came and recorded his statement.
He also noticed that his brother Bidhan and his wife sustained multiple injuries on different parts of their body. His brother then lodged the FIR before the Police while he remained in the house. The police came and recorded his statement. In his cross-examination, he reiterated the fact that he had stated before the Police that he noticed injuries on different parts of the body of his brother and his wife. 18. PW-7, Sh. Bidyut Seal in his examination-in-chief deposed that on the day of the incident, he was grazing the cattle near the place of occurrence. He suddenly heard a hue and cry and saw that a quarrel was going on in between Makhan Seal, his younger uncle-in-law on one side and the accused persons on the other side. At that time, Makhan Seal’s sons, namely, Bidhan Seal and Mohan Seal were working in another paddy field near the place of occurrence. The cause of quarrel was due to the damage of the paddy of Makhan Seal by the cattle of the accused persons. He saw Robijul and his son Jainul and other family members assaulting Makhan Seal with dao, bollom, lathi etc. When Bidhan Seal and Mohan Seal came to rescue their father, they were assaulted too causing injuries on their person. Hearing the hue and cry, the wife of Bidhan came to rescue her husband but she in turn was also assaulted. The daughter of Bidhan Seal and his sister Mamata Seal also arrived at the place of occurrence. The accused persons after assaulting Makhan Seal on his land dragged his body to the front of their house and kept him there. Many people gathered and Police visited the scene and recorded his statement. In his cross-examination, he reiterated what he deposed in his examination-in-chief. 19. PW-8, Dr. Gunajit Das, in his examination-in-chief deposed that he was working as Associate Professor and Head of Department of Forensic Medicine at Silchar Medical College and Hospital. He worked with Dr. Monoj Kumar Singha @ Dr. M.K. Singh and he was well acquainted with his hand writing and signature. Dr. M.K. Singh was working as Demonstrator in the Department of Forensic Medicine at Silchar Medical College and Hospital but now, he was transferred to Fakar Uddin Ali Ahmed Medical College & Hospital, Barpeta. On 18.08.2005, Dr. M.K. Singh conducted Post-mortem examination of the deceased Makhan Seal and recorded his findings.
Dr. M.K. Singh was working as Demonstrator in the Department of Forensic Medicine at Silchar Medical College and Hospital but now, he was transferred to Fakar Uddin Ali Ahmed Medical College & Hospital, Barpeta. On 18.08.2005, Dr. M.K. Singh conducted Post-mortem examination of the deceased Makhan Seal and recorded his findings. Relevant portion of the findings of Dr. M.K. Singh as abstracted by PW-8 in his deposition are as below : “(1) One cut injury present over the forehead mid line size (7x2) cms bone deep. (2) One cut injury present over the occipital area of the scalp size (5x3) cm bone deep. (3) Whole scalp contusion present. On examination of the neck, no ligature mark present over the neck. Stomach found congested. Contents undigested food material present. Brain found congested. Spinal cord not examined. OPINION:- Dr. M.K. Singh opined that death was due to coma resulting from cut injuries over the head and all injuries were ante mortem and caused by heavy sharp cutting weapon and homicidal in nature. The approximate time since death was 12-24 hours.” 19.1. PW-8 exhibited the Post-Mortem report and the signature of Dr. M.K. Singh as Exhibit-4 and Exhibit-4(1). The defence declined to cross-examine him. 20. PW-9, Dr. Ramendu Choudhury, in his examination-in-chief deposed that on 17.08.2005, he was posted at Dholai, PHC as Sub-Divisional Medical and Health Officer and on that day, he examined Bidhan Seal. His findings may be abstracted as under : “One lacerated wound over left side of frontal region 1”x1/2” x1/2”. Conclusion: Injury was fresh simple and caused by blunt object.” PW-9 further deposed that on that day he also examined Jamuna Seal aged 20 years and the wife of Bidhan Seal. His findings may also be abstracted as under : “One lacerated wound over Rt. Parietal region of size 2”X1’’X1/2. Injuries were fresh and simple and caused by blunt object. Ext. 5 is the injury report and Ext. 5 is the injury report and Ext. 5(1) is my signature.” 20.1. In his cross-examination, he deposed that the injuries sustained by the victims might have been caused by fall. 21. PW-10, Ranjit Kumer Dutta in his examination-in-chief deposed that on 20.05.2006, he was attached to Lailapur P.P under Dholai Police Station. On that day, the Officer-in-Charge of Dholai Police Station re-endorsed Dholai Police Station Case No. 176/2005 to him for completing the investigation.
21. PW-10, Ranjit Kumer Dutta in his examination-in-chief deposed that on 20.05.2006, he was attached to Lailapur P.P under Dholai Police Station. On that day, the Officer-in-Charge of Dholai Police Station re-endorsed Dholai Police Station Case No. 176/2005 to him for completing the investigation. On perusal of the case dairy, he found that the investigation had substantially progressed. However, arrest of Joinul Mia Laskar and his wife was pending besides examination of the vital witnesses i.e. Mamata Rani Seal and Suparna Seal. He came to learn from Joinul that he had already dissolved marital life with his wife Rabijun @ Mina Begam and that she was already married to some other person at Basdohor. He arrested Mina Begam @ Robijun Nessa and forwarded her to custody. He recorded the statements under Section 164 Cr.P.C and also collected the injury reports of Bidhan Seal and Jamuna Seal as well as of Mohan Seal. Thereafter, upon finding sufficient materials against the accused Joinul Uddin, Rabijun Nessa Laskar, Rabijul Ali Laskar, Renu Begam, Rejan Begam and Kala Mia Laskar under Sections 147/148/149/447/302/323 IPC, he submitted charge sheet against the accused persons. He also submitted a separate charge sheet against the two juvenile offenders Chandu Mia and Babul Mia before the Juvenile Justice Board. He exhibited the charge sheet and his signature i.e. marked as Exhibit-6 and Exhibit-6 (1), respectively. During his cross examination, he deposed that he forwarded Mamata Rani Seal and Suparna Rani Seal to the Court for recording their statements under Section 164 Cr.P.C. on 31.08.2005. 22. PW-11, Sh. Kshitish Chandra Ghose in his examination-in-chief deposed that on 17.08.2005, he was in charge of Lailapur PP under the Dholai Police Station. On that day, the Officer-in-Charge of Dholai Police Station endorsed him Dholai PS Case No. 176/2005 for investigation. During the course of his investigation, he examined the informant and proceeded to the place of occurrence. He prepared a sketch map of the place of occurrence and found the dead body of Makhan Seal there. After making an inquest on the dead body and making a report, he forwarded the dead body to Silchar Medical College Hospital through a Constable for Post Mortem examination. During investigation, he also seized two bamboo sticks and a dao from the place of occurrence where it was lying besides the deceased.
After making an inquest on the dead body and making a report, he forwarded the dead body to Silchar Medical College Hospital through a Constable for Post Mortem examination. During investigation, he also seized two bamboo sticks and a dao from the place of occurrence where it was lying besides the deceased. He prepared a seizure list and handed over the wearing apparel of the deceased to Constable Ujjal Kanti Deb. He examined a number of persons including Mamata Seal and Suparna Seal. Their statements were recorded under Section 164 of the CrPC and he arrested some of the accused persons. He also collected the Post Mortem report and thereafter, on being transferred, he handed over the case dairy to the Officer-in-Charge of Dholai Police Station. 22.1. In his cross-examination, PW-11 reiterated what he had stated in his examination-in-chief. However, he also deposed that the weapons alleged to have been used for the crime i.e. stick and the dao which he had seized were not produced before the Court. He also denied that PW-7 had stated to him that he saw the cattle of the accused persons damaging the paddy of Makhan Seal. He further denied of having been informed by PW-7 that he saw Robijul Ali and his son Jainul and others assaulting Makhan Seal with lathi, bollom and dao etc. In short, he denied of having been informed what the PW-7 had deposed in his examination-in-chief. 23. After the prosecution witnesses were examined, the accused persons were examined under Section 313 of the CrPC wherein, they all denied of having any involvement in the alleged crime. 24. As may be noticed, out of the 11 (eleven) prosecution witnesses examined, there were 6 (six) eye-witnesses viz; PW-1, PW-2, PW-3, PW-4, PW-5 and PW-7. PW-1, deposed that he saw Joinul assaulting his father with a wooden stick. Robijul also assaulted him with a lathi and Kala with a dao. When he and his brother Mohan Seal tried to rescue his father, they too were assaulted. PW-2 deposed that she saw the accused Joinul, Robijul, Kala, Rejon, Renu Begum, Chandu, Chanbabu, Babul and wife of Joinul assaulting her father-in-law. They were armed with dao, lathi and khosa. She also saw them assaulting her husband and brother-in-law. After the assault, her father-in-law fell on the ground and died on the spot.
PW-2 deposed that she saw the accused Joinul, Robijul, Kala, Rejon, Renu Begum, Chandu, Chanbabu, Babul and wife of Joinul assaulting her father-in-law. They were armed with dao, lathi and khosa. She also saw them assaulting her husband and brother-in-law. After the assault, her father-in-law fell on the ground and died on the spot. When she tried to save her husband, she was also given a blow on her head by Kala. He also assaulted her brother-in-law Mohan with a dao and the others with a lathi. After the assault, the accused persons dragged the body of her father-in-law across the paddy field and left him near the well. Her daughter Suparna Seal (PW-5) and her sister-in-law, Mamata Seal (PW-4) who came to the scene, witnessed the incident. 25. PW-3, Sh. Mohan Seal deposed that the occurrence took place on 17.08.2005 at around 4.30 pm in their paddy field. At the relevant point of time, he alongwith his father and his brother Bidhan Seal were working in their paddy field. His father saw a cow belonging to Robijul Ali damaging their paddy. Seeing this, he protested. Hearing his protest, Robijul became furious and he called his family members. Hearing the call of Robijul, the other accused persons, namely Joinul, Kala, Chandu, Chandbabu, Rejon, Renu, Mina Begum and Babul came to their paddy field armed with lathi, dao etc. in their hands and started assaulting his father. Joinul had a lathi in his hand and others with dao assaulted his father. Seeing the assault on his father, he and his brother tried to rescue his father but the accused persons also started assaulting them. Upon hearing their cry, his sister-in-law Jamuna Seal (PW-2) and his sister Mamata Seal (PW-4) came to the place of occurrence but the accused persons also assaulted Jamuna Seal. His niece Suparna Seal (PW-5) who was nearby also saw the occurrence. His father on receiving injuries fell on the ground whereafter the accused persons dragged his body towards a well nearby and his father died on the spot. 26. PW-4 likewise deposed that on hearing hulla (shouts and cry), she came out of the house and saw the accused persons viz; Joinul, Kala, Rajan and wife of Rajan’s brother assaulting her father with lathi, dao etc. Her brothers, Bidhan Seal and Mohan Seal were working in the field with their father.
26. PW-4 likewise deposed that on hearing hulla (shouts and cry), she came out of the house and saw the accused persons viz; Joinul, Kala, Rajan and wife of Rajan’s brother assaulting her father with lathi, dao etc. Her brothers, Bidhan Seal and Mohan Seal were working in the field with their father. Her sister-in-law Jamuna Seal who came out of the house on hearing the hulla went to the place of occurrence but she was also assaulted alongwith her brother. Upon receiving injuries, her father fell on the ground and died on the spot. She deposed that Suparna Seal (PW-5), daughter of her brother Bidhan, who was catching fish in the nearby pond, also witnessed the incident. Seeing the occurrence, she raised hue and cry. After the incident, her brothers and sister-in-law went to Dholai Police Station in an injured condition and informed the police. The police then came and visited the place of occurrence and recorded their statements. She noticed cut injuries on the head, hand, back and other parts of the body of her father. Her sister-in-law sustained cut injuries on her head and her brother Mohan Seal also sustained head injuries. 27. PW-5 deposed that Robijul gave a lathi blow on the head of her grandfather. Seeing the assault on her grandfather and others, she raised hue and cry and soon after, her mother Jamuna Seal came to the scene and tried to save her father and others. But the accused Joinul gave a dao blow on the head of her father (Bidhan Seal). Her grandfather died on the spot while her uncle Mohan Seal sustained injuries in his neck and also on his head. Her aunt Mamata Seal (PW-4) also saw the occurrence. She saw the occurrence from a distance of about 20/25 cubits. 28. PW-7 Sh. Bidyut Seal, in his examination-in-chief deposed that on the day of the incident, he was grazing the cattle near the place of occurrence. He suddenly heard a hue and cry and saw that a quarrel was going on in between Makhan Seal, his younger uncle-in-law on one side and the accused persons on the other side. At that time, Makhan Seal’s sons, namely, Bidhan Seal and Mohan Seal were working in another paddy field near the place of occurrence. He saw Robijul and his son Joinul and other family members assaulting Makhan Seal with dao, bollom, lathi etc.
At that time, Makhan Seal’s sons, namely, Bidhan Seal and Mohan Seal were working in another paddy field near the place of occurrence. He saw Robijul and his son Joinul and other family members assaulting Makhan Seal with dao, bollom, lathi etc. When Bidhan Seal and Mohan Seal came to rescue their father, they were also assaulted with the weapons causing injuries on their person. Hearing the cry, the wife of Bidhan came to rescue her husband but she in turn was also assaulted. The daughter of Bidhan Seal and his sister Mamata Seal also arrived at the scene. The accused persons after assaulting Makhan Seal on his land dragged his body to the front of their house and kept him lying there. 29. What can be deduced from above discussion is that the evidence of the eye-witnesses besides others, indisputably corroborate with each other and leaves no room for any doubt that it was none other than the appellants i.e. Kala Mia Laskar, Robijul Ali Laskar, Md. Joynul Mia and Renu Begum who were responsible for the death of Makhan Seal. The evidence of the prosecution witnesses more particularly, PW-1 and PW-2, clearly proves that it was Kala Mia Laskar who was armed with a dao and it was he who gave the fatal blow on the deceased leading to his death. The Post-Mortem report on the deceased Makhan Seal prepared by Dr. M.K. Singh and exhibited as Exhibit-4 by PW-8 also reveals that there was one bone deep cut injury of mid line size i.e. 7x2 cms present over the forehead and also a cut injury over the occipital area of the scalp which was 5x3 cms. in size and bone deep as well. Whole scalp contusion (bruise) was present and his brain was found congested. In the opinion of the examiner, death was due to coma resulting from cut injuries over the head. All the injuries were ante mortem, caused by heavy sharp cutting weapon and homicidal in nature. The approximate time of death was 12-24 hours before his examination. The Post-Mortem report on the deceased therefore clearly supports the evidence of the prosecution witnesses in so far culpability of the appellants vis-a-vis the offence in question. 30. Thus, upon considering the case in its entirety, we are of the considered opinion that the impugned Judgment requires no interference.
The approximate time of death was 12-24 hours before his examination. The Post-Mortem report on the deceased therefore clearly supports the evidence of the prosecution witnesses in so far culpability of the appellants vis-a-vis the offence in question. 30. Thus, upon considering the case in its entirety, we are of the considered opinion that the impugned Judgment requires no interference. Further, having regard to the reasoning given by the Trial Court, we are also not inclined to interfere with the benefit given to the two (2) convicts Rejon Begum and Minara Begum under Section 4 of the Probation of Offenders Act. 31. Accordingly, all the appeals are dismissed. 32. As for the issue of victim compensation, Member Secretary, Assam State Legal Services Authority shall consider and take necessary steps for awarding appropriate compensation to the family of the deceased in terms of Section 357A of the CrPC and as per the schedule of compensation made in this regard. 33. In appreciation of the valuable assistance rendered by the learned Amicus Curiae Ms. S. Kanungo, she shall be paid her fees by the Assam State Legal Services Authority as per the schedule made in this regard. Registry shall furnish a copy of this order to the Member Secretary, Assam State Legal Services Authority for doing the needful. 34. Let the LCR be returned back forthwith.