RATAN NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Thakur, learned counsel appearing for the appellants. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State.

(2.) The four appellants herein were convicted under Sec. 302/34 of the Indian Penal Code by the learned Sessions Judge, Karbi Anglong, Diphu by the judgment dtd. 21/12/2019 passed in connection with Sessions Case No.04/2012, for committing the murder of Bijoy Urang and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.2000.00 each with default stipulations. The impugned judgment has been assailed by the appellants primarily on the ground that there is no evidence available on record to prove the charge brought against the appellants.

(3.) The prosecution case, in brief, is that the deceased Bijoy Urang was on duty as a night guard on 1/11/2010 in the house of Head Assistant of the Tea Estate viz., Sri Baluwan Beck along with the appellants. Next morning, deceased Bijoy Urang was found dead. U.D. Case No.1/2010 was registered by the police. After about 32 days of the incident, S.I. Anil Das had lodged an ejahar on 3/12/2010 before the Officer-in- Charge Chowkihola Police Station reporting that on 1/11/2010 Bijoy Urang, Rashid Gowala, Lazrush Topno, Jagdish Longa and Ratan Nayak were on duty as night chowkidar in the house of Baluwan Beck, who was the "Borobabu" (Head Assistant) of the Bogijan Tea Estate. Bijoy Urang was found lying dead in the next morning. U.D. Case No.1/2010 was registered in the Police Station and investigation was carried out. During investigation the cause of death of the deceased could not be ascertained. According to the post-mortem report it was seen that the death of the deceased occurred due to spinal injury. As such, a suspicion has arisen against the four appellants. Therefore, a prayer had been made in the ejahar dtd. 3/12/2010 to register a case against the accused persons.