KAJAL SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is against the judgment and order dated 3-12-92 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 86(T)/88. By the impugned judgment, the learned Sessions Judge found both the accused-appellants Naru Malakar and Kajal Sarkar guilty under Section 302/34, I.P.C. and convicted them accordingly and sentenced them to rigorous imprisonment for life and fine of Rs. 1,000.00 each. Both of them were also found guilty under Section 393, I.P.C. and sentence of 3 years rigorous imprisonment and fine of Rs. 1,000.00 each were imposed. The learned Sessions Judge also found them guilty under Section 394, I.P.C. and accordingly convicted them and sentenced them to 10 years rigorous imprisonment fine of Rs. 5,000.00. The sentences were to run concurrently.

(2.) On 6-1-84 Hemraj Agarwalla (P.W. 4) lodged the FIR before the Officer-in-charge, Tinsukia Police Station informing that on that day at about 9 p.m. on hearing Hall near the house of his brother deceased Muralidhar Agarwalla, he went there and found his brother with several injuries on his body with blood coming out. On being asked he was informed by the deceased that 4 persons stabbed him and also gave dao blows and he could recognise Kajal Sarkar and Naru Malakar. According to FIR (Ext. 11) the occurrence took place in front of the house of Rahitram Agarwalla (P.W. 3) when his deceased brother wen there on hearing Halla. In the FIR it was mentioned that 'it learnt that the same group of persons went to Rahitram Agarwalla's house to commit robbery and they cut the telephone connection and also stabbed and gave blow on his body.' By this FIR Ext. 1 Police was also informed that both the injured persons were in very serious condition. Police after investigation submitted charge-sheet. It may be stated that one accused person Arabinda was declared absconder. The learned trial court framed charge under 4 heads against both the accused-appellants Kajal and Naru under Section 302/34, IPC, 394, IPC and Section 393 read with Section 398, IPC. During trial prosecution examined 11 witnesses including 2 doctors and 2 police officers. Accused persons pleaded not guilty and no witness was examined.

(3.) We have heard Mr. J. M. Choudhuary, learned counsel for the accused-appellants and Mrs. K. Deka, learned Public Prosecutor at length.