NRIPENDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant before us was convicted U/ S 302 IPC by the learned Sessions Judge Cachar at Silchar by the impugned judgment and order dated 31.3.98 in Sessions Case No. 21/1997 and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/- and in default to pay fine, further rigorous imprisonment for four years. The judgment and order dated 31.3.98 is under challenge in this criminal appeal.

(2.) The prosecution case as contained in the FIR Ext. 2 and emerged from the statements of eyewitnesses i.e. PW-1 and 2, in brief, is that on 17.8.94 at about 5 p.m. when Subal Das, the younger brother of PW-5, Sri Sajal Das, was on his way back home after watching football match, the two accused persons namely, Sri Subhas Das son of tate Pangoi Ram Das and Sri Nripendra Das (present appellant) son of Sri Sushi Mohan Das detained Subal Das on the way. The appellant caught hold of the deceased and the accused Subhas Das stabbed the deceased in the right side below the chest with a sharp dagger which he had in his hand causing grievous injuries to him. PW-1 and 2 who were near the place of occurrence saw that the appellant caught hold of the deceased and the accused Subhas stabbed the deceased. On screams when neighbouring people came to the place of occurrence, the two accused persons including the appellant ran and fled away from the place of occurrence. PW-5 Sajal Das the informant who was at his residence at that time hearing hue and cry ran to the place of occurrence and found the deceased Subal Das lying in injured condition on the ground and on his asking the deceased told him that the appellant Nripendra [Das caught hold of him and accused Subhas [Das dealt a dagger blow on his chest. With the help of PW-1,2,3,4 and other neighbouring people PW-5 took the injured to Katigorh Dispensary where the hospital authority referred the case to Silchar Medical College Hospital and the deceased Subhas Das succumbed to his injuries on the way to the hospital where Doctor after examining the deceased declared him dead.

(3.) The FIR in this case, Ext. 2 was lodged at 9 a.m. on 18.8.94 by PW-5, the eldest brother of the deceased. It was transcribed by one Kripesh Das, a local Deed Writer who however, was not examined at the trial. In the FIR both the accused Subhas Das and appellant Nripen Das were named with their parentage. According to FIR, the appellant and the other accused detained the deceased and the accused No. 1 Sri Subhas Das stabbed the deceased with a dagger. But it was not mentioned in the said FIR that the deceased told the PW-5, the complainant, that the appellant caught hold of him and the other accused Subhas Das stabbed him, though FIR was filed on the next morning after the occurrence.