RANJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE sole appellant Ranjit Das has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) THE victim of the incident was Satan Ram, aged about 40 years.

(3.) ACCORDING to the prosecution case, the appellant lived along with his wife Champa Das (PW-9) and children in a small house made of bamboo. And Satan Ram lived alone in one-room house, which was adjoining to the house of appellant. Sanjoy Agarwal (PW-1) was the landlord of both appellant and Satan Ram. Near the house of appellant, there was a water body, which was marshy and full of water hyacinths. Lalmon Ram (PW-2) is relative of Satan Ram. Both Satan Ram and Lalmon Ram worked in a Wine Shop and sometimes, Lalmon Ram also stayed in the house of Satan Ram. The appellant somehow came to know that Satan Ram has developed illicit relations with Champa. On the night of 11.8.2009, when the appellant returned home, he saw Satan Ram in a compromising position with Champa. He immediately caught Satan Ram and tied him. Satan Ram then called for help. Hearing his call, Lalmon Ram (PW-2) went to him. Lalmon Ram persuaded the appellant to untie Satan Ram. Thereafter, Lalmon Ram slept in the house of Satan Ram for the latter-s safety. But, later, on the asking of Satan Ram, Lalmon Ram went to another house. In the early hours of following morning, Lalmon Ram saw the appellant with a -bathi dao- rushing towards the bushes. It was soon discovered that Satan Ram has been killed with a bathi dao. Immediately, police was informed whereupon Prasanta Kumar Sonowal (PW-6), In-charge of Hijuguri Police Outpost under Police Station Tinsukia rushed to the place of occurrence with his team. At that time, large number of people had also gathered there. Everyone believed that appellant, after committing the murder of Satan Ram, was hiding in the water body. The police therefore by announcement through Loud Speaker persuaded the appellant to surrender. The appellant came out from the marshy water body and surrendered to the police. The police seized one bathi dao from the possession of appellant. The seizure of bathi dao is Exhibit 3.