PRANAB SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Pranab Saikia stood charged along with accused Sri Ranjit Saikia, Sri Pradip Saikia, Sri Bhabendra Saikia, Sri Nirmal Saikia and Sri Ghana Saikia @ Sri Sunil Saikia under Section 302 read with Section 34, IPC for committing murder of one Shri Gobin Bhuyan in furtherance of common intention on 22.1.1998 at about 11.30 a.m before the Sessions Judge, Dhemaji in Sessions Case No. 27(DH) of 2000. The learned Sessions Judge after due trial found accused-Appellant Sri Pranab Saikia guilty of charge under Section 302, IPC and accordingly convicted and sentenced him to suffer imprisonment for life and to pay fine of Rs. 5,000 (Rupees five thousands) in default R.I. for one year. Learned Sessions Judge, however, did not find the rest of the accused guilty of the charge under Section 302 and accordingly acquitted them.

(2.) The Appellant, Pranab Saikia having been convicted and sentenced as indicated above, being aggrieved thereby has preferred this appeal on various grounds challenging its legality and correctness.

(3.) For an appropriate decision in this appeal before entering into its merit we would like to project the facts relevant to this case. Informant Dilip Kr. Bhuyan (PW1) is the elder brother of Gobin Bhuyan, since deceased. On 22.1.1998 said Dilip Kr. Bhuyan lodged an FIR, Ext. 1 with the station house officer of Sisibor gaon police out post alleging therein that the Appellant, Ghana Saikia, Ranjit Saikia, Bhabendra Saikia and Nirmal Saikia at about 11.30 a.m called Gobin Bhuyan away per their plan from the office of the Sisibor gaon co-operative society and started assault on him. Gobin Bhuyan in order to save his life started running towards the Samabai Samiti Office but they (Appellant and the accused persons) succeeded in injuring him with Khukuri, dao, lathi hammer, etc., and killed him in front of the Samity Office. The Appellant and the accused persons, it is alleged, brought the dao, khukri, hammer, etc., from the house of accused Nirmal Saikia situated near by the Samity Office. The First Information Report, Ext. 1 was entered in the General Diary of the out post as Entry No. 396 dated 22.1.1998 at 2.35 p.m., which was subsequently forwarded to the Station Officer of Silapathar police station for registering a case. The Officer-in-Charge of Sisibor gaon police out post took up the investigation of the case. Investigation commenced. Sub-Inspector, Mr. Rudreshwar Kurmi (PW15) held inquest over the dead body. The Officer-in-Charge of Silapathar police station Sri Mahadeb Gogoi entrusted the investigation to Sri Bidyadhar Panging (PW14), the Officer-in-Charge of Sisibor gaon police station. On being registered a case being Silapathar P.S. Case No. 16 of 1998 under Section 302/34, IPC, Sri Bidyadhar Panging (PW14), the Officer-in-Charge of Sisibor police out post during investigation on 22.1.1998 seized one hammer (with handle) vide seizure memo, Ext.2 in presence of the witnesses. He also on the same day seized one yellow black check shirt with stains of blood with cut marks, one genji stained with blood, a pair of shoe, a pair of socks and one silver ring found on the dead body of Gobin Bhuyan in presence of witnesses vide seizure memo Ext.3. He also seized vide Ext.4, the seizure memo a Khukri with aluminium butt, 20" in length approximately in washed condition and a mit dao with bamboo butt about 19" in length in washed condition after search of the house and house premises of Sri Joynath Saikia of Tokubarigaon, P.S. Silapathar in presence of the witnesses. Dead body of Gobin Bhuyan was sent for post mortem examination to Dhemaji Civil Hospital and accordingly, Dr. Rukheswar Dutta (PW18) conducted autopsy on the dead body. The Investigating Officer also in course of investigation got statement of 9(nine) witnesses recorded under Section 164, Code of Criminal Procedure in connection with the case. After completion of the investigation a charge sheet was laid against the Appellant and five others, (who faced the trial before the Sessions Court at Dhemaji) under Sections 147, 148, 149 and 302, IPC. The case having been committed to the court of Sessions, the learned Sessions Judge having found materials to presume that the Appellant and the accused persons whose names are indicated above did commit offence under Section 302/34, IPC framed charge accordingly against all of them. Appellant and the accused persons pleaded not guilty to the charge and claimed their trial.