PRAMOD RANJAN GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Promod Ranjan Goswami has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5000/- with default stipulation. By the same judgment, the trial court has acquitted co-accused persons, namely, Prahlad Goswami and Kanu Goswami.

(2.) The victim of incident was Kulendra Chandra Das, aged about 45 years.

(3.) According to the prosecution case, the appellant and Kulendra lived as neighbours in village Madarpur falling within the jurisdiction of Police Station Katigorah. They were thus known to each other. On 22.9.2005, at about 10 a.m., the appellant along with his brothers Prahlad Goswami and Kanu Goswami and son Keshab Goswami was erecting a bamboo fence on the western side of Kulendra's house. And while erecting the fence, they also encroached upon a portion of land used as "Path" by the villagers. Aggrieved with the encroachment on Pathway, Kulendra objected and requested the appellant to erect the fence in a straight line. But the appellant became furious and started a hot altercation with Kulendra. Thereafter, he mercilessly dealt a blow on the neck of Kulendra with a dao. At that point of time, Prahlad Goswami also gave a sabol blow, whereas Kanu and Keshab gave one blow each with lathi and spade. Pampi Rani Das (PW-1) is daughter of Kulendra. She saw the assault on him and immediately rushed to intervene. She somehow brought Kulendra to the courtyard of their house, where he succumbed to neck injury caused with a dao by the appellant. One co-villager Kanti Mohan Das (PW-3) telephonically informed the police whereupon Officer In-charge Abdul Hai Choudhury (PW-8) of Police Station Katigorah immediately came to the place of occurrence. Pampi Rani Das made the written ejahar exhibit 1 at the place of occurrence itself. Abdul Hai Choudhury then made the inquest on the dead body. He also seized one dao and one iron crowbar from the house of appellant vide exhibit 4. These weapons were produced by co-accused Prahlad Goswami.