TOPESWAR RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal was initially preferred from jail against judgment and order dtd. 6/5/2022 passed by the learned Sessions Judge, Sonitpur in Sessions Case No. 04/2019 convicted the appellant under Sec. 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.5,000.00 in default to undergo SI for another 3 months. However, subsequently, learned counsel has been engaged on behalf of the appellant.

(2.) The criminal law was set into motion by lodging of an Ejahar by PW1, who is the brother of the deceased. The Ejahar which was lodged on 1/5/2018 had alleged that on the previous day i.e. 30/4/2018 at about 04:00 PM, his elder brother Raju Bhengra, who was aged about 75 years, was assaulted by the accused persons with bamboo stick causing grievous injury. As a result of the said assault, his elder brother had become unconscious and fell on the ground. On hearing the news, the informant had come and saw his elder brother on the ground in an unconscious state and he was taken to the Dhekiajuli Monbor Nath Primary Health Centre. However, for better treatment, he was referred to the Tezpur Medical College Hospital (hereinafter, TMCH). Based on the aforesaid Ejahar, the formal FIR was registered and investigation was done leading to laying of the Charge Sheet. The charges were accordingly framed and on its denial, the trial had begun in which the prosecution had adduced evidence through 11 nos. of witnesses. It may be mentioned that at the time of lodging of an FIR, the elder brother of the informant was still alive. However, within 3 days, the elder brother passed away and accordingly, Sec. 302 of the IPC was added.

(3.) PW1 is the informant, who is the brother of the victim. He had stated that on the fateful day at about 04:00 PM, the deceased had gone to bring cattle from the field. The appellant was chasing away two boys who were there on the field and not succeeding, he had assaulted the back side of the head of the deceased with slitted bamboo. The 2 boys informed him about the incident when the PW1 was collecting betel nut. He along with another person - Ujjal Sarkar (PW3) rushed to the field and found his elder brother in a senseless condition and also found the accused sitting on the field with a split bamboo. When he had asked the accused why he had assaulted his brother, the accused attempted to attack him with a dao. He accordingly, returned home and went to the Police Station. The deceased was taken to the Hospital. The FIR has been proved as Ext. 1. He has also deposed that after three days from shifting to the TMCH, his elder brother had expired. In his cross-examination, though he had deposed that he did not know the number of sons of Munna Rabha, it was not a fact that before the Police or in the FIR, he did not mention the name of the accused.