BIJOY KRISHNA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal from jail under Sec. 383, Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short] is directed against a Judgment and Order dtd. 20/11/2019 passed by the Court of learned Additional Sessions Judge - II [FTC], Tinsukia in Sessions Case no. 103[T]/2012. By the Judgment and Order dtd. 20/11/2019, the accused-appellant has been convicted for the offence of murder under Sec. 302, Indian Penal Code [IPC] and he has been sentenced to undergo life imprisonment and to pay a fine of Rs.5,000.00, in default of payment of fine, to undergo rigorous imprisonment for another year. It has been provided that the period of detention already undergone by the accused-appellant shall be set-off against the sentence of imprisonment under Sec. 428, CrPC.

(2.) The prosecution case is that on 9/8/2009, a First Information Report [FIR] was lodged by the informant, Surjya Mohan Tanti [P.W.3] before the Officer In-Charge, Doomdooma Police Station. In the FIR, the informant [P.W.3] had inter alia alleged that at about 10-30 p.m. on 8/8/2009, four accused persons, namely, [i] the accused-appellant, Bijoy Krishna @ Mela [hereinafter also referred to as 'the appellant' or 'A-1, at places, for short']; [ii] Bishal Krishna @ Bom ['A-2']; [iii] Anit Krishna ['A-3']; and [iv] Pinku Krishna @ Tinku ['A-4']; who were brothers, got engaged in an altercation with Dasaru Tanti, a resident of Mankhowa Tea Estate, Prem Nagar Basti. The deceased, Dasaru Tanti was an elder brother of the informant's wife. According to the informant, the altercation arose due to a domestic matter. In the altercation which occurred at Line no. 15, the accused persons assaulted Dasaru Tanti and caused grievous injuries on his head and face. As a result, Dasaru Tanti died on the spot. It was further alleged that the mother of the deceased, Paikon Tanti [P.W.2] was also assaulted along with him.

(3.) On receipt of the FIR, the Officer In-Charge, Doomdooma Police Station registered the same as Doomdooma Police Station Case no. 303/2009 under Sec. 302, IPC read with Sec. 34, IPC and the investigation was entrusted to one Babu Singh [P.W.10], a Sub-Inspector of Police attached to Doomdooma Police Station.