JOGEN BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This an unfortunate case in which we are called upon to decide if the death of Biju Agarwal, who lost his life at the prime age of 25 years, was accidental or homicidal.

(2.) This appeal has arisen out of the judgment and order, dated 19.9.2000, passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 125/95, convicting the accused-appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default, to undergo rigorous imprisonment for a further period of two months.

(3.) The prosecution's case against the accused-appellant, as unfurled at the trial, may, in brief, be stated thus: In the evening of 21.12.91, deceased Biju Agarwalla was returning home from his shop, at Garanga, in a public bus, which was being run under the name and style of 'Chandan Jyoti," and when the bus reached near the shop of his father, Radheshyam Agarwalla, at Gomariguri, the deceased was thrown out of the bus through its window. The deceased fell on the road and cried out asking his father to save him. Radheshyam, his wife and some other co-villagers rushed to the place, where Biju had fallen, and found Biju in injured state. After throwing Biju, the bus moved on, but the co- villagers of Biju stood in the way of the bus and restrained its driver from taking the bus away. The appellant, Jogen Bora, whose elder brother owned the bus, alighted from the bus holding a lathi in his hand and threatened Biju and his family members with further assaults. At the intervention of the villagers, the bus was sent to fetch a doctor. Injured Biju was brought home. On being called, Pradip Ojha, a village doctor, arrived there. Holding his lower belly with both his hands, Biju told the doctor, "I have been kicked here". After initial treatment from Pradip Ojha, Biju told his parents that Jogen Bora and others had kicked on his lower abdomen. Biju breathed his last moments thereafter. One Anil Gogoi of Gomariguri went to Merapani Police Station and lodged there a written ejahar (Ext.1). Treating this ejahar as First Information Report, Merapani PS Case No. 113/91 under Section 325/304A/34 IPC was registered. After usual investigation, police laid charge sheet against the appellant and four others under Section 302/34 IPC.