JHAKAL GORH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 1,000/-, in default, 3(three) months R.I. vide judgment dated 7.7.2007 rendered by the learned Addl. Sessions Judge No. 2(FTC), Tinsukia in Sessions Case No. 166(T)/2005. He is presently serving sentence and preferred this appeal against the aforesaid judgment. Summary of the prosecution story is as under: A written FIR narrates the prosecution story thus. A couple, husband and wife, were sitting at home in the evening at about 6 PM of 25.8.2005, At that time two co-villagers came and called out the husband purportedly for a talk. As he went out, the said persons dealt blows and kicks nearby his house on the road side. The wife, hearing the hue and cry, came forward and saved the husband from further assault. She took the injured husband to her brother's house situated near the place of occurrence. Then she immediately arranged for a thela (hand pushcart) for shifting him to a local hospital. Unfortunately, the injured succumbed to his injuries on way to hospital. She proceeded to police station with the dead body and lodged the FIR. The police registered a case, being Makum PS Case No. 33/2005 under Section 304/34 IPC. In the FIR the informant named the killers of her husband as Sri Debaru Mura, son of Radheshyam Mura and Jhakal Gorh, son of Rati Gorh. Usual investigation commenced culminating into filing of charge-sheet against both above-named accused persons under Section 302/34 IPC. The case was committed to the court of Sessions for trial and disposal. The accused Debaru Mura absconded and the other accused (the present appellant), faced the trial. The learned trial Court framed charge under Sections 302/34 IPC against the appellant and when the same was read over and explained, he pleaded not guilty and claimed to be tried. The prosecution examined eight witnesses including the M.O. and the I.O. to bring home the aforesaid charge. The accused appellant, taking the stand of complete denial declined to adduce any evidence. The learned trial court on conclusion of trial and upon consideration of the evidence and materials on record and also upon hearing the counsel for the parties, passed the impugned judgment convicting and sentencing the accused appellant, as mentioned above.

(2.) We have heard Mr. P.P. Dutta, learned Amicus Curiae for the appellant and Mr. D. Das, learned Addl. P.P., Assam.

(3.) In the charge-sheet, the prosecution cited eight persons as witnesses to prove the charge and all those persons have been examined as witnesses during trial. The star witness in this case is Smt. Majuli Gorh (PW 2). She is the wife of the deceased and the informant in this case. She stated in her evidence that she knows both the accused persons Jhakal and Debaru. The occurrence took place about at year ago at about 7 P.M. While she was preparing meal, accused Jhakal and Debaru assaulted her husband Beniram on the road side nearby their house with fist and blows. Hearing the hue and cry she came out of the house and saw the incident. When she tried to save her husband the accused Debaru pushed her back and as a result she fell down. The accused persons then ran away. She took her injured husband to a nearby house of her brother Gunaram, laid him on the verandah and called the inmates of the house. At that time Monika came out. The injured husband was not in a position to talk at that time. He died on way to Makum hospital. She took her husband's dead body straight to Makum police station and filed an Ejahar thereat. The inquest was held by police in presence of a Magistrate. Her statement was recorded by a Magistrate. In cross examination she stated that there was no electric light in their house. They used kerosene lamp and at the time of occurrence it was dark. The place of occurrence was at a distance of 150 ft. from her house. When she arrived at the place of occurrence the accused Debaru pushed her and when she fell down both the accused persons fled away. Her injured husband did not talk to anybody. She denied the suggestion that the accused persons did not assault and kill him.