JALKAMAL SAHU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a shocking case of the killing of a teacher, Shri Rabin Nayak, by an outsider, namely, the accused-appellant, Jal Kamal Sahu, while the former was attending to his students inside a class room of Harmoti Labour LP School.

(2.) This appeal is directed against the judgment and order, dated 17.6.97, passed by the learned Sessions Judge, North Lakhimpur, in Sessions Case No. 18 (NL) of 1994, convicting the accused-appellant under sections 302 and 448 IPC and sentencing him to suffer, for his conviction under section 302 IPC, imprisonment for life and undergo, for his conviction under section 448 IPC, rigorous imprisonment for a period of 2 (two) months, both the sentences having been directed to run concurrently.

(3.) The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows: Deceased Rabin Nayak was a teacher in Harmoti Labour LP School and the accused-appellant, Jal Kamal Sahu, was a shop keeper, the house of the accused-appellant being located near the said school. On 28.9.92, at about 10.05 AM, when Rabin Nayak was holding roll-call sitting on his chair in class in of the said school, the accused-appellant came from behind and gave blows with dagger on the face and neck of Rabin Nayak and thrust his head inside the table. Rabin Nayak fell down and the accused- appellant fled away by taking the bicycle, which belonged to Rabin Nayak. Though some persons chased the accused-appellant, the accused-appellant succeeded in reaching Harmoty Police Outpost and surrendered there. The information given by the accused as to what he had done was recorded by the police in the form of a GD entry, the police also seized the bicycle by a seizure list (Ext 5) and, acting upon the information so received from the accused- ippellant himself, the police came to the place of occurrence, but in the meanwhile, Rabin Nayak, who on being stabbed by the accused, had come out of the class room and fallen on the ground, was brought to the garden hospital, where, on examining him, the doctor declared him dead. The police came to the hospital and held inquest over the said dead body. The police also received, at the place of occurrence, writtem ejahar (Ext 1) from Charan Nayak, a cousin of the deceased, and treating the same as FIR, registered a case against the accused- appellant under sections 448 and 302 IPC. On completion of the investigation, the police laid charge sheet against the accused-appellant accordingly.