MONULAL SATNAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order, dated 20.11.96, passed by learned Addl. Sessions Judge, Nagaon, in Sessions Case No. 81(N) of 1994, convicting the accused-appellants under Section 302 read with Section 34 IPC and sentencing each of them to suffer imprisonment for life and to pay a fine of Rs.1000/- and, in default, to undergo further R.I. for a period of one year.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:- On 8.2.93 at about 8 a.m., deceased Moin Das Satnami along with Chandrama Satnami, Bhutia Satnami, Mulchand Satnami and Nagdas Satnami went to his own land to bring a mango tree, which had been felled some time back and lying there scattered into places. When deceased Moin Das and his associates were removing weeds and dirt from the said places of mango tree so as to shift the same to deceased Moin Das's house, accused Monulal Satnami (A1) and Bharat Satnami (A2), both of whom were Moin Das's neighbours, came there armed with dao, dagger, etc., keeping the same concealed under a Chadar (sheet) with which the accused had kept themselves covered. Without speaking a word, accused Monulal (A1) gave a blow with a dao on Moin Das's neck; accused Bharat (A2), then, gave a blow with a dagger on Moin Das's head. The persons present with Moin Das attempted to over-power the accused, but they could not do so, because both the accused threatened them with dagger and dao. The accused persons, then, left the place of occurrence. Injured Moin Das, with his neck almost severed, was carried to the courtyard of his house. On hearing hue and cry, Kamal Satnami, nephew-in-law of Moin Das, arrived there and he was reported about the occurrence. The Sarkari Gaonburah, Lakhi Bora, on being informed about the occurrence, also arrived there. When Moin Das was being carried to Jakhalabandha hospital, he succumbed to his injuries. On being asked by people, who had assembled there, Kamal Satnami went to Kaliabor Police Station and lodged a written ejahar (Exhibit-1) there. Treating the said ejahar as FIR, Kaliabor P.S. Case No. 19/93 under Section 447/302/34 IPC was registered against both the accused-appellants. During investigation, police held inquest over the dead body and prepared inquest report (Exhibit-3). The police also visited the place of occurrence. Post-mortem examination was performed on the said deadbody. The police also seized, vide seizure list (Exhibit-4), a 'mit da' from the possession of accused Monulal. On completion of investigation, police laid chargesheet under Section 447/302/34 IPC against both the accused.

(3.) Learned trial Court framed a charge under Section 302 read with Section 34 IPC. When the charge so framed was explained to the accused, both the accused pleaded not guilty thereto and claimed to be tried.