JAKHUNDA NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Narzary, learned senior counsel assisted by Mr. S. Chouhan and Mr. P. Mazumdar, learned counsel appearing for the appellant. Also heard Ms. S. Jahan, learned Addl. Public Prosecutor, Assam representing the State. None has appeared for the informant/respondent No.2.

(2.) By the judgment dtd. 14/11/2018 passed by the learned Additional Sessions Judge, Udalguri in connection with Sessions Case No.01(U)/2015 the sole appellant was convicted under Ss. 302/201 of the Indian Penal Code (IPC) for committing the murder of Ramchandra Gorh and for concealing his dead body. For the offence committed under Sec. 302 of the IPC, the appellant, viz., Jakhunda Narzary was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 with default stipulation, whereas, for the offence committed under Sec. 201 of the IPC, he was awarded the sentence of rigorous imprisonment for three years and to pay fine of Rs.5000.00 with default stipulation. All the sentences to run concurrently. The four other co-accused persons viz., Gaikher Narzary, Sanjib Mochahary, Raja Narzary and Uday Narzary were acquitted in respect of the charges framed against them under Ss. 302/201/364/34 IPC due to lack of evidence.

(3.) The prosecution case, briefly stated, is that on 16/4/2005 the deceased Ramchandra Gorh was forcefully taken away, by around 12 persons belonging to the Bodo community, to a nearby L.P. School. Thereafter, he was assaulted on his head which ultimately led to his death. Subsequently, the body of Ramchandra Gorh was buried in a nearby area. On 18/4/2005 the daughter of the deceased viz., Smti Basanti Gorh had lodged an ejahar with the In-Charge of Bhairabkunda Police Outpost. On receipt of the ejahar, G.D. Entry No.271 dtd. 18/4/2005 was made in the Bhairabkunda Outpost and thereafter, the same was forwarded to the Officer-in- Charge of Udalguri Police Station for registering a proper case. Based on the aforesaid ejahar, Udalguri P.S. Case No.44/2005 was registered against five accused persons under Ss. 364/302/201 of the IPC and the case was taken up for investigation. On completion of investigation the I.O. had submitted charge-sheet against five accused persons viz., Jakhunda Narzary, Gaikher Narzary, SanjibMochahary, Raja Narzary and Uday Narzary.