SONU NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. S. Mishra, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent No.2.

(2.) The prosecution story is that on 15/1/2012 at around 4.30 a.m. the accused persons viz., Sonu Nayak, Bodon Nayak, Govinda Nayak and Badal Nayak had hacked the deceased Raju Kheruwar with sharp weapon resulting in his death. On 15/1/2012, Sri Hari Kheruwar i.e. the son of the deceased had lodged an ejahar before the Officer-in-charge of Borborua Police Station in the district of Dibrugarh reporting the incident. On receipt of the ejahar, Borborua P.S. Case No.15/2012 was registered under Sec. 302/34 of the Indian Penal Code (IPC) and thereafter, the matter was taken up for investigation. The dead body was sent for post-mortem. After obtaining the post-mortem report as well as report of the Forensic Science Laboratory (FSL), the Investigating Officer (I.O.) had laid charge-sheet under Sec. 302/34 of the IPC against the four accused persons. The charge, on being read over and explained to the accused persons, was denied by them as a result of which, the accused persons were made to face trial.

(3.) During trial, the prosecution side had examined as many as 9 witnesses including the PW-3, who is the doctor who had conducted post-mortem examination on the dead body and the PW-9 i.e. the Investigating Officer. After recording the evidence of the prosecution witnesses, the statement of the accused persons was recorded under Sec. 313 of the Cr.P.C. The defence case is one of total denial. However, the defence side did not lead any evidence. Upon appreciation of the evidence available on record the learned trial court has held that the charge brought against the appellant Sonu Nayak was proved by the prosecution beyond reasonable doubt and accordingly, he was convicted under Sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00, in default, to undergo simple imprisonment for further three months, for committing the offence punishable under Sec. 302 of the IPC. The remaining three accused persons viz., Govinda Nayak, Badal Nayak and Bodon Nayak were, however, acquitted on the ground that the prosecution had failed to establish the charge brought against them under Sec. 302/34 of the IPC.