DHAJEN CH. BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order, dated 21.12.2006, passed by the learned Sessions Judge (F.T.C.), Bongaigaon, in Sessions case No. 7(B)/2000, is in challenge in this appeal. By the impugned judgment and order, the learned Sessions Judge convicted the appellants aforesaid under section 302/201/34 IPC and sentenced them to suffer imprisonment for life and pay fine of Rs. 2,000.00 each, in default suffer rigorous imprisonment for another period of six months for their conviction under section 302 IPC and also suffer rigorous imprisonment for 3 years and pay fine of Rs. 1,000.00 each, in default suffer rigorous imprisonment for another period of 3 months for their conviction under section 201 IPC. Aggrieved by the said conviction and sentence, the convicted persons have come up with this appeal.

(2.) The prosecution case, in brief, is that Shri Dhajen Ch. Barman (appellant) and Shri Robilal Soren (since deceased) used to work in the house of the informant namely Shri Birandra Narzary (PW5) as his domestic assistants and the appellant Sri Surjya Sutradhar used to work in the house of Shri Dharmeswar Narzary. In the evening of 22.12.1998, the appellants and the deceased aforesaid, after completing their work, left towards the river. Though the appellants had returned home, the whereabout of the deceased was not known. Out of suspicion, the appellants were apprehended and on being asked by the informant, they confessed, in presence of the villagers, that they had killed the deceased and buried his dead body in the riverbed. Shri Birendra Narzary, lodged an FIR (Exhibit 5) with the Officer-in-Charge, Bijni Police Station. The said FIR was registered as Bijni P.S. Case No. 121/1998 under section 302/201/34 IPC.

(3.) During the course of investigation, Police visited the house of the informant, took the accused persons, who were detained in the house of the informant, into custody, recorded the statements of the witnesses, prepared a sketch map of the place of occurrence. On being interrogated by Police, the appellants confessed that they had committed murder of the deceased and concealed the dead body at the Bhetagaon cremation ground by burying the same. According to the Investigating Officer, both the accused persons led the Police to the Pakhajani River, where the dead body was buried and, in presence of the Magistrate and the Medical Officer, the dead body was recovered from a pit, after digging the same with a spade. Upon recovery of the dead body, inquest was done by the Executive Magistrate namely Sri Monoj Kumar Sikaria, in presence of the Investigating Officer and the post mortem examination, in respect of the dead body, was done by Dr. Jotish Kr. Kalita on the spot. On being led by the accused persons on 27.12.1998, Police recovered the spade, which was used by the accused persons for burying the dead body. The said spade was seized vide Exhibit 1 in presence of witnesses. Both the accused persons were forwarded to the learned Sub-Divisional Judicial Magistrate, Bijni, for recording their confessional statement and accordingly, the learned Sub-Divisional Judicial Magistrate, Bijni, recorded their confessional statement. At the close of the investigation, Police submitted charge sheet under sections 302/201/34, IPC against the accused persons. The offence being exclus-ively triable by the Court of Sessions, the learned Sub-Divisional Judicial Magistrate, Bijni, committed the case to the Court of Sessions at Bongaigaon. Accordingly, the learned Sessions Judge, Bongaigaon, framed charges under section 302/201/34 IPC. The charges were read over and explained to the accused persons, to which they pleaded not guilty and claimed to be tried.