S NALAYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an unfortunate case of murder of a teen-aged boy, K. Chandra Rao, for his refusal to part with a VCP, which the deceased had borrowed from one Rup Kamal Gogoi.

(2.) This appeal is directed against the judgment and order, dated 7-5-1997, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 99(T)/94, convicting the accused-appellant under Sections 302 and 201 of the IPC and sentencing him, for his conviction under Section 302, IPC, to suffer imprisonment for life and pay a fine of Rs. 5000/- and, in default, suffer rigorous imprisonment for a further period of two years and to undergo, for his conviction under Section 201, IPC, rigorous imprisonment for two years and pay a fine of Rs. 1000/- and, in default, suffer imprisonment for a further period of 6 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 : On 5-9-94, at about 4.30 p.m., the deceased, K. Chandra Rao, borrowed a VCP from Rup Kamal Gogol (PW2) telling the latter that Dharamraj (PW5), uncle of the deceased, had sent him (i.e., the deceased) to borrow the VCR As Dharamraj was known to Rup Kamal Gogoi and had occasionally taken the VCP from him, Rup Kamal Gogoi handed over the VCP to K. Chandra Rao (deceased). When K.Chandra Rao, having so borrowed the VCP from the house of Rup Kamal, came near a bridge, located a little ahead of Itakhul, the accused, who knew the deceased, met the deceased and asked him to hand over the VCP to him. As the deceased refused, the accused accosted the deceased, snatched away the VCP from his hands, strangulated him to death and threw his dead body into the river water. The accused handed over the VCP to one Kharga (PW11) temporarily went to the house of his friend, Appala Rao, changed his wearing apparels there and then, asked Kharga to sell the VCP. As the deceased did not return home on 5-9-94, his family members, got worried, they made enquiries and came to learn that the accused had been seen with the deceased. The accused was, accordingly, questioned by some persons and made extra-judicial confession to them. A written FIR (Ext.6) was lodged with the police by Dharamraj aforementioned and on the basis of this FIR, the police registered a case. The search conducted in the presence of the police led to the discovery of the dead body of the said deceased from the river and the police held inquest over the said dead body. The police took the accused into their custody. When the search for the deceased had gathered momentum, Kharga (PW11), out of fear, abandoned the VCP at the compound of the house of Phuleswar Gogoi (PW3). When Phuleswar Gogoi (PW3) happened to find the VCP, he informed the police. On being so informed, the police came there and seized the VCP. The accused made a judicial confession too and, on completion of the investigation, the police laid charge-sheet against the accused under Sections 302 and 201 of the IPC.