DHIREN TODO Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant/accused, namely, Sri Dhiren Todo has preferred this appeal from jail being aggrieved with the judgment and order dated 12.01.2017 passed by learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 28/2014, whereby he has been convicted under Section 302/323 IPC for committing murder of Narshing Patnayak as well as for voluntarily caused hurt to Smti. Lakhi Patnayak and Narshing Patnayak and sentenced to undergo Rigorous Imprisonment for life with fine of Rs. 5,000/- for committing the offence under Section 302 IPC, in default, to undergo Simple Imprisonment for one month and sentenced to pay Rs. 500/- for committing the offence under Section 323 IPC, in default, to undergo suffer Simple Imprisonment for seven days, where both the sentences to run concurrently.

(2.) The case of the prosecution is that on 01.10.2013 around 07:15 p.m. PW.1, Sri Bhagyadhar Patnayak, lodged an FIR before the In-Charge of Rajgarh Out Post under Tingkhong Police Station stating that on the previous day 30.09.2013 at about 07:30 p.m., when his mother Smti. Lakhi Patnayak, younger brother Shri Narsingh Patnayak and younger sister Smti. Arati Munda were coming from Korangini Tea Estate to their house, his co-villager Shri Dhiren Todu, son of late Ramlagan Todo, who was lying on wait near OIL Tiniali of Sarojini Majgaon, forcefully assaulted his younger brother Shri Narsingh Patnayak, for which he died in the spot and his mother Smti. Lakhi Patnayak was seriously injured and his younger sister somehow escaped without any injury. By the said FIR, the informant requested the concerned authority to take necessary action after investigating the matter.

(3.) On receipt of the said FIR (Exhibit-1), Rajgarh Out Post GD Entry No. 4 dated 01.10.2013 was made and the same was forwarded to the Officer-in-Charge of Tingkhong Police Station, wherein it was registered as Tingkhong Police Station Case No. 363/2013 under Section 302 IPC corresponding to G.R. Case No. 2914/2013. The case was investigated by PW. 11, Dinanath Mali, SI of Police, In-Charge of Rajgarh Out Post at the relevant time.