PROBESWAR PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Probeswar Phukan has been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000/- with default stipulation.

(2.) According to the prosecution case, on 15.4.2005, at about 7 p.m., Sarat Gohain, aged about 35 years, was caused multiple injuries by the appellant and co-accused persons, namely, Ganesh Moran and Tutu Sonowal. This they did in furtherance with their common intention to commit the murder of Sarat Gohain. On 16.4.2015, at about 5.30 a.m., the villagers found Sarat Gohain lying on the road in an injured condition. He was, therefore, taken to Bordumsha Government Hospital for treatment. During treatment, when the condition of Sarat Gohain improved a bit, he, on the asking of villagers, disclosed the names of appellant, Ganesh Moran and Tutu Sonowal as his assailants. Sarat Gohain, however, died in the hospital around 5.30 p.m. Ejahar of the incident exhibit 1 was made by Ratan Gogoi (PW-1) on 17.4.2015 at Police Station Pengeree. In the ejahar, Ratan Gogoi mentioned the names of appellant, Ganesh Moran and Tutu Sonowal as the persons, who had killed Sarat Gohain. Officer In-charge of Police Station Pengeree, Atul Kumar Gogoi (PW-8) came to the spot and prepared the inquest report of the dead body. He also referred the dead body for post mortem examination to Tinsukia Civil Hospital. Thereafter, he arrested Tutu Sonowal, but could not arrest the appellant and Ganesh Moran, because they had absconded. He, therefore, filed charge sheet only against Tutu Sonowal showing the appellant and Ganesh Moran as absconders.

(3.) The appellant and Ganesh Moran after their arrest, were, thus, tried separately from Tutu Sonowal. The trial court convicted both appellant and Ganesh Moran under Section 302/34 of the Indian Penal Code and sentenced them to imprisonment for life. Later, Ganesh Moran, in a separate Criminal Appeal No.4/2012 filed by him, was found to be juvenile in conflict with law, on the date of occurrence and, therefore, a Division Bench of this High Court vide judgment and order dated 29.8.2016 granted him the benefit of the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. It is in this background, the appellant Probeswar Phukan alone is before us.