J U D G M E N T - Jorhat

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IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS,
JORHAT
PRESENT: Sri Kaushik Kumar Sharma
GR Case No. 322/12
u/s 147/323/448/427 r/w Sec 34 of IPC.
State of Assam……………….Prosecution.
v.
Sri Sajan Gupta and Ors.…………………Accused
Ld. Advocates : For the prosecution , Smti. Jharna Buragohain, Ld. APP.
Date of Evidence: 11.06.13
Date of Argument: 11.06.13
Date of Judgment:11.06.13
For the accused, Sri Rintu Goswami. Ld.Advocate.
J U D G M E N T
In brief, the prosecution story, as revealed from the FIR, is that on 01.03.12, Sri
Prakash Gupta, Sri Sunil Gupta, Sri Sajan Gupta , Sri Rajen Gupta along with about 5
other persons, had entered the ice factory of the complainant Sri Achelal Gupta, and
assaulted Sri Saral Das and the complainant himself and also caused damage to the
factory.
The complainant had lodged FIR(Ext.1) on the day of alleged occurrence itself, i.e on
01.03.12. After completion of the investigation, the charge sheet was lodged under Sec
147/448/323/427 r/w Sec 34 of IPC, against the accused persons, namely Sri Prakash Gupta,
Sri Sunil Gupta, Sri Sajan Gupta and Sri Rajen Gupta.
During trial, prosecution examined only two witness and, as no incriminating
evidence was elicited in the examination in chief , it closed its evidence. As there was
no incriminating evidence was elicited, the examination of the accused u/s 313 Cr PC
was dispensed with. The defence side did not adduce any evidence. Thereafter,
arguments were heard.
POINT FOR DETERMINATION:
After perusing the materials on record and hearing both sides , following points for
determination are arrived at:

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1)Whether the accused persons, in furtherance of common intention, have committed
rioting,as alleged
2)Whether the accused persons, in furtherance of common intention, had committed
criminal trespass into the properties of the complainant, as alleged
3)Whether the accused persons, in furtherance of their common intention, had
voluntarily caused hurt to the complainant and Sri Saral Das, as alleged
4)Whether the accused persons, in furtherance of their common intention, had
committed mischief to the properties of the complainant, as alleged
DISCUSSION, DECISION WITH REASONS:
PW1, Sri Achelal Gupta, in his evidence had stated that on the day of occurrence, the
accused persons had entered his ice factory to discuss matter relating to rent, and an
argument took place between them and himself over the issue of rent. Thereafter, he
tried to flee from the place, but while fleeing he fell down and sustained injury.
PW2, Sri Saral Das, in his evidence had stated that on the day of occurrence, there was
an argument between the complainant and the accused persons over the matter of rent.
He fell down on the ground due to tussle.
From the evidence it is not established that the accused persons had committed rioting
because , firstly, the accused persons themselves did not form an unlawful assembly.
They had entered the ice factory of the complainant, to discuss the issue of rent. There is
no evidence to show that the accused persons had committed any offence. Mere taking
place of argument does not prove taking place of rioting. Moreover, PW2 had only
stated that a tussle took place, but he remained silent as to who had caused the tussle.
Further, PW1 had stated that he sustained injury as he fell down on the ground.
Similarly, PW2 had stated that he also received injury as he fell down. But there is
nothing on record to prove that the accused persons had voluntarily pushed them to the
ground, so as to cause injury.
Further, as the accused persons had entered into the ice factory, merely to discuss
matter of rent and an argument took place. But in the absence of what argument took
place, it cannot be said with reasonable certainty that the accused persons had entered
the premises with the intention to cause an offence or annoy the complainant.
Lastly, there is no evidence to show that the accused had damaged any property of the
factory.
Therefore, the prosecution has failed to prove the guilt of the accused persons u/s
147/323/447/427 of IPC, beyond reasonable doubt. Hence, the accused persons,

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namely , Prakash Gupta, Sri Sunil Gupta, Sri Sajan Gupta and Sri Rajen Gupta, are
acquitted from all the charges u/s 147/323/448/427 of IPC, and are set at liberty
forthwith.
The bail bonds stand cancelled and the surety stands discharged.
The judgment is delivered in the open Court under my hand and seal of this
Court on this day of 11 th of June, 2013.
Case is, accordingly, disposed of.
( K.K. Sharma )
Judicial Magistrate, First Class
Jorhat.