ANIL RABIDAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 20.11.2014 passed by learned Sessions Judge, Golaghat, in Sessions Case No.1/2013 has been called in question by the two appellants herein. Both the appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and they have been sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.5000/- each, in default to undergo further rigorous imprisonment for one year.

(2.) The prosecution story is that on 25.10.2012 at about 6.00 p.m. informant Rajib Rabidas informed the Officer-in-charge of Dergaon Police Station over telephone that some people had assaulted and caused grievous injuries to his elder brother Dilip Rabidas and that he was taken to K.K.Civil Hospital at Golaghat where doctor declared him dead. Recording G.D. Entry No.836 at that time the Second Officer of the Police Station proceeded to the place of occurrence along with the Officer-in-charge and arrested one Binod Rabidas and Jan Rabidas. A formal ejahar was lodged by Rajib Rabidas on the following day at about 9.00 a.m. wherein it was stated that Jan Rabidas, Binod Rabidas, Anil Rabidas and Bhubeswar Rabidas assaulted his elder brother Dilip Rabidas in front of the house of Milan, Debaru Mirdha and Pona Mirdha and consequently Dilip Rabidas died. He was taken to Civil Hospital at Golaghat but the doctor declared him dead. Pursuant to the written ejahar and the earlier G.D. entry Dergaon Police Station Case No.338/12 under Sections 341, 302 read with Section 34 of the Indian Penal Code was registered and investigation held. On 26.10.2012 the Investigating Officer examined all the witnesses at the place of occurrence and after having obtained the inquest report and the post mortem report submitted Chargesheet No.197/12 on 13.11.2012 before the Sub-Divisional Judicial Magistrate (S), Golaghat, against all the accused persons. Out of them accused Binod Rabidas and accused Bhubeswar Rabidas were found to be juvenile in conflict with law and thereupon they were forwarded to Juvenile Justice Board for necessary action. The Sub-Divisional Judicial Magistrate by his order dated 19.12.2012 committed accused Anil Rabidas and Jan Rabidas to the Court of Sessions for trial whereupon charge under Section 302 read with Section 34 of the Indian Penal Code was framed against them by the learned Sessions Judge, Golaghat in Sessions Case No.1/2013. Both the accused persons pleaded not guilty and claimed to be tried.

(3.) Prosecution examined seven witnesses thereafter including the investigating officer and the medical officer and exhibited eight documents. Relying on these materials and after examining the accused persons under Section 313 of the Code of Criminal Procedure the learned Sessions Judge held both accused Anil Rabidas and Jan Rabidas guilty of committing offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs.5000/- each, in default to undergo further rigorous imprisonment for one year by his judgment and order dated 20.11.2014. This judgment has been called in question in the present appeal.