SHRI AGHNU ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borgohain, learned counsel for the appellant. Also heard Ms S. Jahan, learned Additional Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 28.11.2011 passed by the learned Sessions Judge, Sivasagar, in Sessions Case No.29(S-S)/2010, whereby the appellant was convicted under Sections 302/201 Penal Code and sentenced to suffer imprisonment for life and pay fine of Rs.5,000.00 (Rupees Five Thousand), in default of payment of fine, to suffer rigorous imprisonment for six months for the offence under Sec. 302 IPC; to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000.00 (Rupees One Thousand), in default of payment of fine, to suffer rigorous imprisonment for one month for the offence under Sec. 201 Penal Code. Both the sentences are to run concurrently.

(3.) One Montu Gogoi, who is the brother of the deceased Mintu Gogoi, lodged an ejahar on 30.05.2009 with Geleky Police Station stating that Mintu Gogoi, accompanied by the appellant, went in search of one Debaru Orang, who was working in the small tea garden of Mintu Gogoi but he had not come back home and he and the members of the family suspected the appellant to be responsible in respect of Mintu Gogoi going missing. A G.D. Entry was registered being Geleky Police Station No.732 and investigation was started on the basis of the said G.D. Entry. A report was submitted by the Investigating Officer to the Officer-in-Charge of Geleky Police Station that during investigation the appellant led the police and showed them the dead body of Mintu Gogoi concealed in a dump of 'Kalmou' (a kind of vegetation) in the Kalkhuwa 'dubi' of Namdang river. It is stated therein that he came to learn that on the ruse of Debaru Orang being not at home, the appellant called Mintu Gogoi away from home at around 6:30 PM on 29.05.2009 and took him to the jungle and on a plan being hatched by them, both of them killed Mintu Gogoi at about 8:00 PM of 29.05.2009 by hacking in his neck with a 'mesi dao' and thereafter, carried the dead body and concealed it. The Investigating Officer was the Officer-in-Charge himself and based on the said report, Geleky Police Station Case No.20/2009 under Sections 302/201/34 Penal Code was registered.