BINODIK ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Shri Binodik Orang, a labourer of Amsong Tea Estate faced a trial under section 302 of IPC (hereinafter referred to as the Code), for committing murder of his co-labourer Augusto Orang on 19.10.86. at about 9 p.m. Learned Sessions Judge, Kamrup who tried the case convicted the appellant under section 304 Part-I, IPC and sentenced him thereunder to undergo R.I for 5 years. Aggrieved, the appellant has challenged this order of conviction by filing this appeal.

(2.) The case of the prosecution, shortly put, is that on 19.10.1986 at about 8/9 p.m. the appellant suddenly attacked his co-labourer named Augusto Orang and struck blows on his person by means of a dao resulting in the death of Augusto Orang instantaneously. The garden Chowkidar informed the Manager of the garden (P.W.I.) of the occurrance, who at once visited the place of occurrence along with his driver Mamat Ram and Head Clerk Shri Kamakhya Prasad Das (P.W.2). On seeing the dead body of Augusto Orang, the Manager Shri Ram Prasad Dubey submitted a written ejahar to Officer-in-charge of Satgaon Police Out Post alleging, inter alia, that the appellant went mad and killed a labourer named Augusto Orang.

(3.) On receipt of this written ejahar Sub-Inspector Shri G. Bora, in- charge Officer of the Out Post entered the gist of the information in the G.D. Book bearing No. 310, dated 20.10.86. and after transmission of the ejahar to 0/C, Noonmati P.S., he himself went to the place of occurrence and took up investigation. On receiving the ejahar 0/C, Noonmati P.S filled up the prescribed form of the FIR. and registered a case under section 302 of IPC being Noonmati P.S. Case No. 267/86 and endorsed the case to Sub-Inspector Shri G.S. Bora for investigation. After investigation the appellant was charge- sheeted for prosecution under section 302 of IPC. The case being exclusively triable by the court of Sessions it came to the court of learned Sessions Judge, Kamrup who after perusal of the materials framed charge under section 302 IPC against the accused appellant who on hearing the charge being explained pleaded not guilty.