RANJAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26.3.99 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 27/98. By the aforementioned judgment and order, the two accused appellants before us have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- each in default to suffer further rigorous imprisonment for one year.

(2.) The case of the prosecution, in short, is that on 27.8.97 at about 5 a.m., PW-2 Madan Mohan Das lodged an FIR in the Hailakandi Police Station stating that at about 10.30 p.m. of the previous day i.e. 26.8.97, on hearing hue and cry towards the north-western side of his house, he rushed in that direction and found his nephew the deceased Nihar Ranjan (A1) (A2) Das in a pool of blood. In the First Information Report, it has been alleged, that the deceased Nihar had reported to the first informant, in the presence of one Ajir Uddin (PW-4) and Nasir Uddin (PW-3) and several other persons, that the accused appellants Ranjan (A1)and Aftab (A2) had assaulted him. It was further mentioned in the FIR that the deceased Nihar became unconscious thereafter and he was put in a pool cart belonging to one Sunil Das (PW-6) for being taken to the hospital but on the way, the deceased succumbed to his injuries.

(3.) That on the basis of the aforesaid FIR, Hailakandi Police Station Case No. 0278/ 97 was registered and investigation of the case commenced. The Investigation Officer while going to the place of occurrence, found the deadbody being brought in a hand cart. Thereafter, inquest was held and the deadbody was sent for postmortem examination. The Investigating Officer visited the place of occurrence and prepared a Sketch Map (Ext. 4). The statements of large number of persons were recorded by the police in the course of investigation and the accused-appellants were also arrested. On completion of the investigation, charge sheet was submitted against the accused-appellants. The case being exclusively triable by Court of Sessions, it was committed to the Court of the Sessions Judge, Hailakandi where a charge under Section 302 of the Indian Penal Code was framed against each of the accused-appellants. As the accused appellants claimed to be innocent, the trial commenced, in the course of which, the prosecution examined as many as 8 (eight) witnesses including the doctor who performed the postmortem examination and the investigating officer. The defence did not adduce any evidence. At the conclusion of the trial, the learned Sessions Judge, Hailakandi by the judgment and order dated 26 3.99 convicted and sentenced the accused as aforesaid. Aggrieved, the instant appeal has been filed.