SANJAY RAJOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Since the Crl.A. No. 54/2021 and Crl.A. No. 61/2021 are arising out of the same judgment and order, both the criminal appeals are heard and disposed of by a common judgment and order.

(2.) The prosecution story in brief is that, on 31/8/2019 at 10:10 PM, one Shri Manoj Gogoi, Senior Manager of Teok Tea Estate, Jorhat, Assam lodged a First Information Report before the Officer-in-charge, Teok Police Station, Jorhat to the effect that on 31/8/2019, the Doctor of the hospital/dispensary of the Teok Tea Estate was killed by a mob. As per the FIR lodged by Sh. Manoj Gogoi, Senior Manager of Teok Tea Estate at around 2:35 PM, one Samra Majhi (30) S/o Late Jagan Majhi of Major Line of Teok Tea Estate slipped in the bathroom and received head injury. At around 3:15 PM, he was brought to Teok Tea Estate Hospital by 6 to 7 persons. When he was brought to the hospital, the dresser on duty, Shri Subhash Rajowar rushed on his bike to bring the nurse Smt. Ranjula Hazarika Bora to the hospital. When she arrived at the hospital, she immediately informed the Medical Officer, Dr. Deben Dutta over phone and as per the direction of the Medical Officer, the nurse administered one Dexona Injection. Soon, Dr. Deben Dutta arrived at the hospital and started treatment with nebulizer on the patient. By then a mob of around 40 persons gathered at the hospital creating ruckus. They assaulted and threatened Mr. Maresh Robidas, Chowkidar of the hospital who tried to pacify the mob. The mob threatened Smt. Ranjula Hazarika Bora, nurse at the hospital and also restrained Subhash Rajowar, dresser of the hospital from protecting the Doctor who was being subjected to brutal assault by the mob. The mob confined Dr. Deben Dutta in a room and started brutally assaulting him with fists and blows with wooden leg of a table and sharp glass blades extracted by breaking the windows of the hospital. The Doctor started bleeding profusely. The Welfare Officer of the Teok Tea Estate, Jibon Kurmi, Mukhyajyoti Barua, Asst. Manager and Manoj Gogoi, Manager soon reached the hospital. The crowd had grown to 200 to 250 persons. The mob continued to engage in damage and destruction of the hospital property and continued to assault Dr. Deben Dutta. On receiving information, the police from Teok Police Station had reached the spot but the police were outnumbered and could not do their duty. No heed was paid to the Executive Magistrate who could not perform his duty to maintain law and order. The ambulance was called for, however the mob did not allow access to the ambulance. After reinforcement of the police, Samara Majhi and Dr. Deben Dutta were shifted to the Jorhat Medical College and Hospital. Dr. Deben Dutta had declared brought dead at the hospital.

(3.) Due to the brutal physical assault by the unlawful mob, serious injuries by giving fists and blows, assault with wooden leg of the table and injuries through sharp glass blades taken from the window, Dr. Deben Dutta died. The names of the person who allegedly caused the death of Dr. Deben Dutta were listed in the FIR consisting of 30 persons. The FIR was accordingly registered as Teok Police Case No. 434/2019 under Sec. 302/341/342/427/506/143/144/147/148 r/w Sectiion 149/186 IPC r/w Sec. 4 of the Assam Medical Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2011.