KISTO MAJHI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29th July, 1994 passed by Shri S. K. Ray, Sessions Judge, A & N Islands, Port Blair in Sessions Case No. 17 of 1992, whereby the appellant was convicted under section 307 and 152 I.P.C and was sentenced to suffer Rigorous Imprisonment for 5 years and to pay a fine of Rs.2000/- in default to undergo simple imprisonment for 3 months more for the offence Under Section 307 I.P.C. and also to rigorous imprisonment for two years for the offence under section 452 I.P.C. The sentences were directed to run concurrently. The fine amount, if realised was directed to be paid in equal shares to the victims Sulaiman Dhanwar (P.W. 1) and Jagat Sai (P.W. 2) by way of compensation Under Section 357 Cr. P.C.

(2.) The Prosecution case as narrated by one Mahali Singh (P.W. 3) in the FIR is that in the intervening night of 7th and 8th May, 1991 at about 1 O'clock while he (P.W. 3) was on watch and guard duty at the Forest garage situated at Dhani Nallah Forest Camp within the Police Station Rangat, District Andaman, he saw a person running away in front of the said garage. After a lapse of 5 to 10 minutes the appellant Kisto Majhi came with a Dah, holding in his hand, and enquired from the informant (P.W.3) whether he had seen Sulaiman Dhanwar (P.W. 1) or not. Then the informant (P.W. 3) replied in negative and, therer-upon, the appellant told him that he had strucked Shlaiman and Jagat Sai and that there was no hope of survival of Jagat Sai (P.W. 2). The appellant also asserted before him that if he would get Sulaiman he will assault him again. The appellant, thereafter, went away towards his home in search of Sulaiman (P.W. 1). About 10 to 15 minutes thereafter, Sukhi Uraon (P.W. 7) and William (not examined) came and told the informant (P.W. 3) that the appellant Kisto Majhi, had inflicted injuries on the person of Jagat Sai (P.W. 2) and further that he, the appellant, had also assaulted Sulaiman (P.W. 1). Sukhi Uraon (P.W, 7) also told that Jagat Sai (P.W. 2) was lying in his hut. It was proposed to take both the injured persons to the hospital and, thereupon, both of them went to fetch vehicle. Thereupon one Soma Hasan (since dead) came and told the informant (P.W.3) that Sulaiman Dhanwar (P.W. 1) was lying in his house (in the house of Soma Hansa) with head injuries. The informant (P.W. 3) told Soma Hansa that Sulaiman Dhanwar (P.W. 1) and Jagat Sai (P.W. 2) had been assaulted by the appellant Kisto Majhi. It has been further asserted in the FIR that after some vehicle was arranged, both the victims (P.W. 1 and P.W. 2) were picked up from the house of Sukhi Uraon (P.W. 7) and the house of Soma Hansa and were brought to the hospital with the help of the informant (P.W. 3), Sahadevan (not examined), Dinu Oraon (P.W. 8), Phoolchand (not examined) and Agapit Dung Dung (P.W. 9). The informant asserted in the FIR that the appellant Kisto Majhi inflicted injuries on the persons of the two victims with an intention to kill them.

(3.) After having reached the victims at Billiground Primary Health Centre at about 8 AM on 8.5.1991, the informant (P.W. 3) went to Rangat Police Station by bus and lodged the FIR at 10 AM on the same date.