RADHANATH YADAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Crl. Appeal No. 23/2014 has been filed by the sole appellant Radhanath Yadav whereas Crl. Appeal No. 140(J)/ 2013 has been preferred by the appellant Bishnu Goala, both of whom were convicted under Section 120(B)/302 of the Indian Penal Code for conspiring and murdering of Smti. Kanchan Devi Chajjar and sentenced to imprisonment for life with a fine of Rs. 5,000/- each with default clause. In addition, the appellant Bishnu Goala has also been sentenced to undergo rigorous imprisonment for 02 years with a fine of Rs. 1,000/- imposed under Section 380/34 IPC with further sentence of rigorous imprisonment for 06 months under Section 427/34 IPC. Since both the appellants were the co-accused who have been jointly tried and eventually convicted by the common judgment and order dated 11.11.2013, hence, we propose to dispose of both these appeals by this common judgment and order.

(2.) The prosecution case, in brief, is that the deceased Kanchan Devi Chajjar was running a sweet meat shop in the name and style of "Tulsi Sweet" from the tenanted premises situated in the ground floor of the RCC building belonging to the appellant Radhanath Yadav. On the night of 09.09.2012, Kanchan Devi Chajjar came to her residential flat at about 07:30 p.m. after finishing the days work at her shop. When she was alone at her flat, the appellant Bishnu Goala, being accompanied by his nephew Sanju Goala, came to her residence and both of them had murdered Kanchan Devi Chajjar by strangulating her to death. The murder of Kanchan Devi Chajjar was committed by Bishnu Goala as per a conspiracy hatched by the appellant Radhanath Yadav, who had engaged Bishnu Goala to kill Kanchan Devi Chajjar with the sole objective of recovering possession of the tenanted premise which was under the occupation of the deceased.

(3.) On 09.09.2012 Shri Pankaj Kr. Nahar, the husband of the grand-daughter of the deceased lodged an ejahar with the Rangirkhari Police Out Post , Silchar, reporting the aforesaid incident based on which Rangirkhari P.S. Case No. 1798/2012 was registered under Sections 120(B)/302/427/379 of the Indian Penal Code and the matter was taken up for investigation. The entire incident of the murder of Kanchan Devi Chajjar was captured by the CC TV camera fitted at the residence of the deceased. The Police had seized the CC TV cameras and the Digital Vedio Recorder (DVR) and after examining the footage, the Police, with the help of an employee of the sweet meat shop, could identify appellant Bishnu Goala as one of the culprits who had committed the crime. Based on the CC TV footage, the Police had arrested appellant Bishnu Goala, who had not only admitted his involvement in the commission of the crime but had also stated that the murder was committed at the instance of appellant Radhanath Yadav. On the basis of the statement of Bishunu Goala, the appellant Radha-nath Goala was also arrested by the Police. On completion of the investigation, the Investigating Officer (IO) submitted the charge-sheet against both the appellants under sections 120(B)/302/427/379 of the Indian Penal Code. A separate charge-sheet was submitted against the accused Sanju Goala since he was a juvenile in conflict with law. Thereafter, both the appellants were made to face trial jointly at the conclusion of which, they were convicted by the Sessions Judge, Cachar in connection with Sessions Case No. 268/2012 and sentenced as aforesaid.