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2. Prosecution version in nut-shell is as follows:-

3. It has been mentioned by complainant-Kalutia @ Sentarva in her First Information Report on 23.07.1987 that she had kept a bundle of JHAKHAR on her BIRABARI which was taken by Sundaria who was daughter of her brother-in-law (Jeth). On an enquiry about aforesaid JHAKHAR, Sundaria started abusing and an altercation took place orally between them. At about 1:00 P.M. at noon, her husband-Sukhna returned at his house after ploughing the field and was eating his meal. At that time, her Jeth-Dhaukal came at her house and called her husband stated that Sagir is calling him. On his call, her husband went with Dhaukal. Complainant followed them. When they reached near their old house, Sundaria, the daughter of Dhaukal seeing them, started abusing. Hearing the voice of Sundaria, her father-Dhaukal became angry and by abusing her he exhorted to kill. Consequently, Lulli, son-in-law (Damad) of Dhaukal and Kaluwa, son of Dhaukal and Dhaukal himself moved to attack on complainant by their lathis. Seeing their activities, Sukhana (her husband) came between accused persons and complainant just to save her wife from attack. Lulli hit the first blow of lathi which attacked on head of Sukhana and second blow of lathi was hit by Dhaukal. Receiving the injuries of lathis, Sukhana fell down. Complainant just to prevent lathi blows lie down and covered his body. At that time accused Kaluwa also attacked by lathi. Complainant hurled voice for help. Hearing the voice, the other villagers of neighbour Rania Pasin, Munni Pasin, Maika Pasi, Garib Pasi, Ramla Raidas, Bhori Pasin and Kallu Brahman etc. reached on spot who prevented accused persons from their attack. Then after that all the accused persons fleed away from the spot. Her husband Sukhna by the injuries of lathi blown by Lulli, Dhaukal and Kaluwa died on spot. Accordingly, the F.I.R. was written in Police Station-Mau, Karbi, Banda on the same date at 16:55 P.M. at Crime No.106 of 1987 under Section 304 I.P.C. Scriber of F.I.R. was Munni Ram.

It has been mentioned in F.I.R. as well as in statement of PW-1 that at the spot, hearing the abusive language of Sundaria, his father Dhaukal also abused Kalutia and exhorted to attack. Consequently, Lulli, Kaluwa and Dhaukal moved forward to attack on Kalutia. Then, Sukhana came in between accused persons and Kalutia just to save his wife.

The above narrated fact indicates that Sagir was employer of Sukhana and by calling only to Sukhana from his residence by Dhaukal and on the place of occurrence by trying to attack on Kalutia, it seems that there was not any pre-planning in between accused persons to kill Sukhana. There was no previous enmity in between Sukhana and accused persons. On the spot, no altercation took place in between Sukhana and accused persons and accused persons did not try to attack on Sukhana first, rather they were aggressive on Kalutia. There was no weapon in the hand of Sundaria. Sukhana had received single blow given by accused Dhaukal and Lulli. Kaluwa (accused) has not given any lathi blow to Sukhana.

whether the accused persons/ appellants have done an act by doing which he has been caused the death of Sukhana.

38. Witness PW-1 (eye-witness) has stated in his evidence that when they reached near their old house, Sundaria started abuse them. Dhaukal and Sundaria given threat and Dhaukal exhorted to kill her. Hearing the voice, Lulli blown Lathi on the head of her husband. Then, the second lathi blow was given by Dhaukal. By the injuries of above attack, Sukhna fell down. She lay down over the body of her husband to cover him from further attack, then Kaluwa given lathi blow which hit the head of Kalutia, then after that again Dhaukal gave another lathi blow to PW-1 which hit her leg.

44. The evidence on record indicates that accused persons are near relatives of deceased. In First Information Report, it has been mentioned that when they reached near their old house, Sundaria and Dhaukal started abusing and Dhaukal exhorted to attack. Hearing the voice, Lulli and Kaluwa came forward to hit her. Seeing their activities, the husband of informant moved forward to save his wife. Consequently when Lulli and Dhaukal blown their lathis that hit Sukhana. Witness PW-1 has narrated the same fact at page-2 of his evidence. Witness PW-2 has also stated in his evidence that he heard the abusing voices of PW-1 and Sundaria. Nowhere it has been shown that there was any quarrel between deceased and accused persons. Witness PW-1 has also contended in his evidence at page-4 that before the occurrence on that date, there was no previous enmity between Kalutia and Sundaria. The above evidence indicates that appellants had no intention to kill Sukhana. But, they were certainly intending to cause such bodily injury as was likely to cause death. It transpires that Sukhana received the fatal injuries by chance as he entered between his wife and accused persons.