PARUL RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order, dated 3.5.2011, passed by the learned Sessions Judge, Goalpara, in Sessions Case No. 155/2006, convicting the appellants, under Section 302, read with Section 34 IPC, and sentencing them, thereby, to undergo imprisonment for life, and also to pay a fine of Rs. 10,000/-, each, in default of payment of fine, further rigorous imprisonment for 1(one) year, has been assailed, in this appeal. The prosecution case, in brief, is that, on 16.02.2005, at around 11.30 PM, Parul Rabha, Hemanta Rabha, Jayanta Kalita, Narayan Choudhury, along with others, came to the house of Anil Rabha (since deceased), assaulted him by means of bamboo sticks and fist blows, and thereafter, dragged him away from his house. They brought him back in a serious condition and after 10/12 days of treatment, Anil Rabha died. An FIR, being lodged by Sanjib Rabha, brother-in-law of the deceased, Dhupdhara P.S. Case No. 09/2005, under Sections 448/302/34 IPC, was registered. On completion of investigation, police submitted the charge-sheet against the accused Parul Rabha, Hemanta Rabha, Anup Rabha, Narayan Roy, and Jayanta Nath. Accused Jagat Rabha, Phukan Rabha, Achyut Rabha, and Jyotish Rabha, were shown as absconders in the charge-sheet. Accused Hemanta Rabha died sometime in the year 2006 while accused Parul Rabha, Anup Rabha, Narayan Roy, and Jayanta Nath, faced the trial. Out of these 4 accused persons, Parul Rabha and Jagat Rabha (appellants herein), were found guilty under Section 302 IPC. They were convicted and sentenced, as stated earlier, while other 2(two) remaining accused persons, were acquitted, on benefit of doubt.

(2.) Heard Mr. K. Sarma, learned counsel for the appellants, as well as, Ms.S. Jahan, learned Additional Public Prosecutor, Assam.

(3.) PW-1, Smti. Nage Bala Rabha, is the mother of deceased Anil Rabha She deposed that the deceased along with his wife, was residing in a separate house but in the same compound where she used to live, and, on the day of occurrence, at midnight, while she was sleeping in her house, the accused persons came to her house in search of deceased Anil Rabha. They told her that they wanted to meet Anil Rabha. Thereafter, she came to the house of her son Anil Rabha and when Anil Rabha came out of his house, the accused persons took him to a village Club house. She further stated that her daughter-in-law, Smti. Runu Rabha (PW-9), also accompanied them. She alleged that in the Club house, all the accused persons assaulted Anil Rabha, causing injuries on his person. Thereafter, they brought him back to his house on a pushcart and left him there. Medical treatment of Anil Rabha was arranged personally in her house. After one week of the occurrence, Anil Rabha succumbed to his injuries. In her cross-examination, she stated that about 100-200 people came to the place of occurrence and they alleged that deceased Anil Rabha had committed theft. The villagers took away Anil Rabha to the Club house. She did not see who assaulted Anil Rabha in the said Club house. She admitted that it was a dark night and due to darkness, she could not recognize who had actually taken her son Anil Rabha from her house. She also stated that after 3/4 days of occurrence, a Compounder of the village was called for treatment of Anil Rabha.