RAJIB DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant herein has challenged his conviction and sentence under Section 302 of the IPC read with Section 25(1)(B) and 27 of the Arms Act, 1959 vide judgment and order dated 15.11.2013 passed by learned Sessions Judge, Jorhat in Sessions Case No. 25(JJ) of 2006. Three persons including the present appellant were charged under the aforesaid sections of law in the same Sessions case but the other two were discharged by the High Court in a revision petition preferred by them and thus only the appellant herein was tried as sole accused person and ultimately he has been found guilty of all the charges.

(2.) The prosecution story is that one Smti. Sunita Bora, as informant, lodged an FIR with Officer In-charge, Jorhat Police Station on 29.11.2003 at 5 P.M. informing that at around 4.30 P.M. of the previous day, her husband Pinku Bora went out to Rajabari Club, Jorhat on being invited by accused Rajib Dutta for holding a discussion in connection with their ongoing business. She claimed to have been informed by her husband that, Rajib Dutta had invited him over telephone to meet at him in Club between 8 P.M. to 8.30 P.M. to have a discussion with him and he made an entry in his diary to that effect. Pinku Bora first went to Jorhat Bus Terminus at 4.30 P.M. for supervising his contract work. He informed his wife while going out that he would visit Rajabari Club at around 9 P.M. to honour the invitation of Rajib Dutta. But at around 1 O'clock at night, police came from Jorhat Police Station to inform that someone had killed her husband in front of Rajabari Club. She missed no time to go to the place of occurrence and found her husband lying dead and came to know that Rajib Dutta had fled from the place of occurrence after killing her husband. She subsequently heard that other members of the Club including one Thanking Lama were present at the time of occurrence. She saw a red jeep (ASJ-8012) belonging to Thanking Lama in front of Rajabari Club. She believed that Rajib Dutta in collusion with others killed her husband for business rivalry. However, she also informed that one Mukti Deka, a SULFA man had enmity with her husband and his involvement was likely because of business issues. On the basis of this ejahar Jorhat P.S. Case No. 443/2003 under sections 302/34 of the IPC was registered. However, it is to be mentioned that before receipt of this ejahar, Jorhat Police had already registered General Diary Entry No. 1117 dated 28.11.2003 at 11.15 P.M. on the basis of a telephonic information given by I. Ali, Sub Inspector of Police who was on duty along with B.S.F men near Lahoti petrol pump that there was a firing incident at Rajabari Club. Upon registration of the general diary entry, night mobile vehicles No. 1 and 2 were directed to visit the place of occurrence. Mr. M. Ahmed, the Officer In-charge of the police station himself visited the place of occurrence along with the staff.

(3.) Police broke open the lock of the Club and found marks of violence, pool of blood, three fired bullets etc. inside the Club room. The dead body was found near the railway crossing in front of the Club. Police took the dead body to Jorhat Civil Hospital, seized one revolver case with belt, one ammunition case with 13 rounds of ammunitions, one registration certificate of Gypsy vehicle bearing registration No. AS-03A/6955, one gold like chain, one pencil torch black in colour and one rainbow notebook. The aforesaid Gypsy was also seized. Police recorded statements of witnesses. Accused Rajib Dutta was arrested on 30.11.2013 who led police to the place to the west of the Rajabari Club wherefrom one Webley revolver having serial No. 35235 was recovered from under bush in presence of one Sandeep Roy and one Shankar Roy. In course of post mortem examination of the dead body one pellet was found in the dead body of the deceased and the same along with blood-stained wearing apparels were seized by police on being handed over by Dr. Amrit Kumar Saikia. Having received the post mortem report, the ballistic report and having recorded the statements of witnesses, police submitted charge sheet against accused Rajib Dutta, Dipak Dutta and Dadu Sarmah under section 302 of the IPC vide charge sheet No. 193/2005 on 13.09.2005. The learned Sub-Divisional Judicial Magistrate (Sadar) at Jorhat by his order dated 31.03.2006 in G.R. Case No. 992/2003 committed the case to Sessions and thereupon Sessions Case No. 25(JJ)/2006 was registered.