JOYRAM KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 22.06.2010, passed, in Sessions Case No. 27(DM) of 2007, by the learned Sessions Judge, Drrang, convicting the accused-appellant, Joyram Kakati, under Section 302 IPC, read with Section 34 IPC, and sentencing him to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for another period of 3 (three) months. The case of the prosecution, as surfaced at the trial, may, in brief, be described thus: A land dispute existed between Ganeswar Das (since deceased), on the one hand, and the accused-appellant, Joyram Kakati and one Podoram Kakati, on the other. Actuated by the animosity, which arose out of the land dispute, both the accused-appellants, Joyram Kakati, and his associate, Podoram Kakati, together intercepted Ganeswar Das, on 06.06.1993, at about 7-00 A.M., while Ganeswar Das was on his way to his agricultural field, and assaulted him by means of lathi and spade and seriously injured him. The occurrence of assault, on Ganeswar Das, was seen by PW 1, wife of Ganeswar Das. On hearing hulla, when PW 2, who was ploughing his own land nearby, went running to the place of occurrence, wherefrom hulla was being raised, found both the accused aforementioned assaulting Ganeswar Das by means of spade. On hearing the hulla, even PW 3, a neighbour of Ganeswar, went running to the place of occurrence and saw both accused, Joyram Kakati and Podoram Kakati, running away from the place of occurrence. As a result of the injuries sustained by him on his head, Ganeswar succumbed to his injuries. The dead body was, then, brought to the house of the said deceased and a written Ejahar (Exhibit-1), with regard to the occurrence, was lodged at Dimakuchi Police Outpost, by PW 1, i.e., the widow of the said deceased. PW 8, who was the then In-charge of the said police outpost and who had, later on, investigated the case, forwarded the said Ejahar to Paneri Police Station, where Paneri Police Station Case No. 70/93, under Section 341/302/34 IPC, was registered against the said two assailants by treating the said Ejahar as First Information Report (in short, 'FIR').

(2.) During the course of investigation, police visited the place of occurrence, drew sketch map of the place of occurrence, held inquest over the said dead body, which was also subjected to post-mortem examination and, on completion of investigation, laid charge-sheet, under Section 341/302/34 IPC, against both the accused afore-mentioned.

(3.) As the present appellant had absconded even before the charge-sheet was submitted, the learned Sessions Judge, Darrang, declared the accused-appellant, Joyram Kakati, as absconder and the trial proceeded against Podoram Kakati. At the end of the trial, the decision was pronounced, on 06.07.2000, convicting accused Podoram Kakati under Section 304 (PT-I) IPC and sentencing him accordingly.