SUKUL DAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sukul Das has been convicted under Sec. 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000.00 with default stipulation. Two co-accused persons namely (i) Pradip Das and (ii) Ashok Das were also tried for an offence under Sec. 302 of the Indian Penal Code, but they have been acquitted by the same impugned judgment.

(2.) On the morning of 16.2.2009, dead body of Pabitra Das, aged 30 years, was found lying in a hut near the fishery, commonly called "Kharikhang Beel". The hut was erected by the village fishermen to keep watch in the fishery. Immediately, parents and brother of Prabitra Das, namely, Amulya Das (PW-3), Bipula Das (PW-1) and Anitra Das (PW-2) were informed by one of the villagers and they rushed to the place of occurrence from their house. Likewise, Ranjan Das (PW-7), on instruction from the villagers, informed the police of Police Station Lanka about the discovery of dead body.

(3.) Bipin Chandra Nath (PW-12), Officer-in-charge of Police Station Lanka came to the place of occurrence and prepared sketch map, exhibit 6, dated 16.2.2009. He also seized one yellow T-shirt (sporting) which was found floating in the water at some distance from the dead body. The seizure memo of yellow T-shirt is dated 16.2.2009 and marked as exhibit 2. Around the same time, the Executive Magistrate, Bubul Bora prepared the inquest report Exhibit 4 on the dead body of Pabitra. The inquest report is also dated 16.2.2009 and was prepared in the presence of Amulya Das and Anitra Das (father and brother of Pabitra Das). The inquest report even bears the signature of Anitra Das. In the inquest report, the Executive Magistrate mentioned that on examination of Anitra Das, brother of the deceased and the witnesses, it was learnt that at about 6.30 PM, on 15.2.2009, Pabitra Das had gone to village Kharikhang to see a girl for his matrimonial purpose, but upon finding his dead body inside the hut situated on the southern bank of the Kharikhang Beel at about 7 AM, on the following morning, the news had spread. Admittedly, the name of appellant was no where mentioned even as suspect in the inquest report. He was also not stated to have accompanied Pabitra Das when the latter left his house. After the inquest report was made, dead body of Pabitra Das was sent for post-mortem examination.