KAMIL KANDULANA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail has been filed by the appellants, namely, Kamil Kandulona and Khristofar Tappo @ Khiris Tappo being aggrieved with the judgment dated 09.04.2015 passed by learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 110/2005, arising out of G.R. Case No. 06/2002 corresponding to Tezpur Police Station (District-Sonitpur) Case No. 05/2002 whereby they have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for Life with fine of Rs. 2,000/- each, in default to undergo Rigorous Imprisonment for another one month, for committing murder of Prithwiraj Ghosh, an Air Force personnel at Tezpur.

(2.) Prosecution's case is that one Ms. Rekha Sharma (PW.5), a social worker of Sitabasti on 01.01.2002 around 09:45 am over phone informed Salonibari Out Post that an unidentified dead body was found floating in a pond in a field at Sitabasti. Said information was registered as Salonibari Out Post G.D. Entry No. 2 dated 01.01.2002. The In-charge of Salonibari Out Post along with its other police personnel on 01.01.2002 itself visited the place of incident, a small pond, located amidst a paddy field at Salonagaon, drawn its sketch map (Exhibit-8) and recovered the dead body from the said pond. In presence of the Officer-in-Charge of Tezpur Police Station, people of the locality and personnel of Air Force, Salonibari, said dead body was identified to be of Corporal Prithwiraj Ghosh. The In-charge of Salonibari Out Post made inquest on the said dead body of Prithwiraj Ghosh in presence of witnesses and prepared the Inquest Report (Exhibit-3) and forwarded the body of said deceased to the Kanaklata Civil Hospital, Tezpur for its Post Mortem Examination by preparing necessary Challan (Exhibit-7). The said In-charge recorded the statements of the witnesses, the residents of the concerned locality, acquainted with the incident and on receipt of a written ejahar (Exhibit-6) from one Kanhaya Rai (PW.12), Junior Warrant Officer of 11, Air Wing, Salonibari, Tezpur on 01.01.2002 itself, registered it as Salonibari Out Post G.D. Entry No. 9 of 01.01.2002 and forwarded it to the Officer-in-Charge of Tezpur Police Station, which was received as Tezpur Police Station G.D. Entry No. 30 dated 01.01.2002 and the said ejahar (Exhibit-6) was registered as Tezpur Police Station Case No. 05/2002 under Section 302 IPC, corresponding to G.R. Case No. 06/2002 .

(3.) By the said ejahar dated 01.01.2002 (Exhibit-6) the informant (PW.12) reported before the Officer-in-Charge of Salonibari Out Post that the dead body of 729044-K Corporal Prithwiraj Ghosh, Clerk, General Duty of 11 Wing, Air Force was found floating in a pond adjacent to the Air Force boundary wall near Sonabheel Gate in Village-Salonagaon, Post Office-Haleswar around 01:00 pm on 01.01.2002 having cut marks over it, suspected of being murdered and therefore, the Commanding authority of the Air Force requested the authority concerned to investigate the matter and to take necessary action in that regard.