SRI JITLAL MAHATO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Prasad, learned counsel, assisted by Mr. A. Talukdar and Mr. K.K. Kalita, learned counsel for the appellants and Ms. S. Jahan, learned Addl. P.P., Assam for the respondents.

(2.) Both these appeals having arisen out of the judgment and order dated 19.07.2014 passed by the learned Additional Sessions Judge, No. 1, Kamrup (M), Guwahati, in Sessions Case No. 43(K)/2012 are taken up together for hearing and disposal by this common judgment. By the impugned judgment, the learned Sessions Judge convicted the appellants under Section 302/201 IPC and sentenced the appellants, Jitlal Mahato and Nepali Mahato to imprisonment for life and fine of Rs. 10000/- each with default stipulation under section 302 IPC. All the three appellants were further sentenced to rigorous imprisonment for seven years and fine of Rs. 5000/- each with default stipulation under Section 201 IPC.

(3.) As per the prosecution case, the victim, who was working in the house of the appellant Jitlal Mahato, went missing since 17.05.2009. During search, it could be learnt by the informant, that the appellant Jitlal Mahato killed the victim and kept the body buried on the bank of river Brahmaputra and accordingly, an FIR (Ext.9) was lodged on 28.06.2009 by informant Rajen Bhakta (since deceased). On the basis of the said FIR, police registered Pragjyotishpur P.S. Case No. 29/2009 under Section 302/201 IPC and commenced investigation. During investigation, the body was exhumed from the place, where it was buried; inquest report was prepared and sent for postmortem examination. PW-5, Dr. Manoj Kumar Sinha conducted the postmortem examination on the body of the victim. According to the autopsy doctor (PW-5), the body was highly decomposed and therefore, no opinion could be given as to the cause of death. Some parts of the body were sent to FSL for chemical examination, which gave negative test for any poison. On completion of the investigation, police submitted charge sheet against the appellants, who eventually stood trial.