PRADIP GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Pradip Gowala has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation. The trial court has, however, acquitted co-accused Naren Moran of the same charge.

(2.) The victim of the incident was Rajib Moran, aged about 25 years.

(3.) According to the prosecution case, on 30.4.2012 around 2 p.m., Rajib Moran left his home on a bicycle with one plastic bag to buy some articles. But, he did not return home till 1.5.2012. Therefore, a search was made by his family members. During search, the family members found the bag of Rajib Moran near the Tea Garden of appellant. The family members also found some places there soiled with blood. On further search, body of Rajib Moran was found in the midst of tea bushes at Section No.I of Rupai Tea Estate. Brother Dhiren Moran (PW-1) of Rajib Moran made the ejahar exhibit 1 at Police Station Baghjan. The police reached the spot along with Circle Officer Madhumita Nath and prepared the inquest report. The police then seized khukhri and bicycle which were lying by the side of dead body of Rajib. The Police also seized one plastic bag vide exhibit 3 of Rajib lying in the garden of appellant.