LAKHI CHETIA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Lakhi Chetia has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2000/ - with default stipulation for committing the murder of Rintu Gogoi. The appellant has also been convicted under Section 324 of Indian Penal Code and sentenced to Rigorous Imprisonment for one year for causing injury to Debalaxmi Gogoi (PW 2). It is to be noted that co - accused Ramu Munda has been acquitted of the charges under Section 302 and 324 read with Section 34 of Indian Penal Code.

(2.) Victim Rintu was owner of two trucks and the appellant was employed as Driver of one of the trucks. Since Rintu had not settled full dues of the appellant, he had started working with one Kushal. The appellant also nurtured a grudge against Rintu for not settling his dues. On 5.2.2009, the appellant visited the house of Rintu many times, but did not find him there. On the same day, around 6 PM, the appellant again visited the house and persuaded Rintu to accompany him upto the house of Kushal. After few minutes, Debalaxmi heard the outcry of Rintu. She being the mother of Rintu, naturally rushed from her house towards the place of occurrence. There she saw appellant causing injuries to Rintu with a sharp edge weapon -Khukuri. Debalaxmi immediately intervened to prevent appellant from causing injuries to Rintu. The appellant then caused an injury to Debalaxmi also with the same weapon on her chin and ran away. On hearing the commotion, number of persons reached the spot to whom Debalaxmi narrated the incident and disclosed how the appellant had caused injuries to her and Rintu. Immediately, a vehicle was arranged in which Rintu was carried to Moran Medical Centre for treatment. But he died on way. Debalaxmi was however referred to Sanjivani Hospital, Dibrugarh where she was admitted for treatment. Father Mahendra Ranjan Gogoi (PW 1) of Rintu lodged the Ejahar on the date of incident itself at Police Station Moranhat which was recorded by Sub Inspector Sanjib Saikia (PW 14). In the Ejahar, name of appellant is categorically mentioned as assailant of Rintu and Debalaxmi.

(3.) The post mortem examination of the dead body of Rintu was carried out on 6.7.2009 by Dr. Sanjib Mahanta (PW 11). He found the following injuries on the body of Rintu: