BADHNA ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Assail is made in this criminal appeal preferred from Jail under Sec. 383, Code of Criminal Procedure, 1973 ['CrPC'] to a Judgment and Order dtd. 30/4/2021 passed by the Court of learned Additional Sessions Judge [FTC], Biswanath Chariali ['the trial court', for short] in Sessions Case no. 304 of 2012. By the Judgment and Order dtd. 30/4/2021, the learned trial court has convicted the six accused persons, namely, [i] Badhna Orang [A-1, for easy reference]; [ii] Bhete Orang [A-2]; [iii] Pradip Orang [A-3]; [iv] Samra Orang [A-4]; [v] Bablu Orang [A-5]; and [vi] Amit Orang [A-5], who faced the trial for the offence under Sec. 302, Indian Penal Code [IPC] read with Sec. 148, IPC and on finding them guilty for the offence of Sec. 302, IPC, all of them have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 each, in default of payment of fine, to undergo simple imprisonment for another 6 [six] months each, for committing the offence under Sec. 302, IPC. The accused persons are also sentenced to undergo rigorous imprisonment for 1 [one] year and to pay a fine of Rs.500.00 each, in default of payment of fine, to undergo simple imprisonment for another 1 [one] month under Sec. 148, IPC. It has been ordered that the sentences are to run consecutively.

(2.) The investigating machinery was set into motion after institution of a First Information Report [FIR] by one Soma Orang on 12/11/2011 before the In-Charge, Gingia Out Post. In the said FIR, Soma Orang as the informant had inter alia alleged that his co-villager, Badhna Orang [A-1] armed with weapons and accompanied by the five accused persons, named therein, that is, A-2 to A-6 took away his wife, Birso Orang telling that a particular matter was to be discussed with her. The informant further alleged that the said accused persons, out of old grudge, assaulted his wife and killed her by hacking. Thereafter, they carried the deadbody back and left it at the door of the house of the informant.

(3.) On receipt of the FIR, the In-Charge, Gingiya Out Post registered a general diary entry vide Gingiya Out Post General Diary Entry no. 232 dtd. 12/11/2011 at 11-00 a.m. and forwarded the FIR to the Officer In-Charge, Behali Police Station for registering a case under proper Sec. of law, while entrusting the investigation of the case to one Bhoben Chandra Nath, a Sub-Inspector of Police [P.W.7], attached to the said Police Station.