SIMAN PAHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the accused appellant Sri Siman Paharia from jail against the Judgment of conviction dated 30.09.2011 passed by learned Sessions Judge, Morigaon in Sessions Case No. 75/2009 arising out of GR Case No. 1436/2008 in Jagiroad Police Station case No. 239/2008 under Section 302 of the Indian Penal Code (IPC, in short) and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 3,000, in default, rigorous imprisonment for 6 months. We have heard Mr. Debasis Nandi, learned Amicus Curiae for the accused appellant and Mr. Dhanesh Das, learned Additional Public Prosecutor, Assam representing the State.

(2.) It is seen from the records that one Smti. Ramani Murmu on 16.12.2008 lodged an FIR around 03:30 PM before the Officer-in-Charge of Nellie Out Post under Morigaon District stating that in the evening of 14.12.2008 her 16 years old son Krishna Murmu went to the house of Sri Simon Paharia at village Agrakuchi to pay back an amount of Rs. 5.00 to Simon's wife and he did not return honie on that day and came home around 05.00 AM on the next day morning in an unwell condition. Seeing him groaning on the bed when she enquired he replied that he is having severe pain in his stomach and chest and thereafter she took him to Nellie Hospital, for his treatment and thereafter brought him back to home and around 03.00 a.m., on the said date he intended to go to toilet and while she was taking him out and was holding him, he fell down on the door way and died on the spot. At the time of his death, his stomach was swollen up. It is Smti. Binita Paharia and Smti. Palikar of village Agrakuchi when came to know about the death of her son, they visited her house and from them she came to know that about 06.00 p.m. on 14.12.2008 said Krishna Murmu came to their house in an unwell condition and stayed overnight and from the those two girls she learnt that when Krishna Murmu fell down on the ground after being slapped by Sri Siman Paharia, S/o Badul Paharia, he injured Krishna by stepping and kicking him on his body, consequent to which her son died.

(3.) On the receipt of the said FIR, Nelli out post registered it as GD Entry No. 302 dated 16.12.2008 at 02.00 PM and forwarded it to the Officer-in-charge of Jagiroad Police Station for registering it. Accordingly, on receipt of the same a GD Entry vide No. 551 dated 16.12.2008 was Made I the Jagiroad Police Station and also registered Jagiroad Police Station Case No. 239/2008 corresponding to GR Case No. 1436/2008 under Section 302 of the IPC.