RAJAT ALI Vs. STATE OF ASSAM,

JUDGEMENT

(1.) THE appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. The prosecution case, in brief, is this: -

(2.) ON 29.6.1970, at about 4 P.M. at village Borchola under Laharighat P.S. Jagen Deka (deceased) was cutting paddy in his field, along with his brother Deben Deka (P.W.1). At that time two young boys, sons of accused Sadat Ali, were cutting grass from the field belonging to Jogen Deka. Jogen Deka noticed that the boys were cutting grass; along with the grass they also cut some paddy. So Jogen Deka scolded them. Thereupon the boys left the paddy field for their home. After sometime about 6/7 persons including the appellant came and assaulted Jogen Deka. The prosecution case is that accused Sadat Ali caught hold of Jogen, and the appellant stabbed Jogen on the chest with a dagger. Jogen Deka fell down and died instantaneously. The assailants fled away. Deben Deka (P.W.1) and Kulasing Deka (P.W.3), who were cutting paddy in their nearby fields ran to the place of occurrence and lifted the injured and carried him to his home. P.W.1 lodged, an ejahar at the Laharighat Police Station.

(3.) THE Police registered a case and after investigation submitted a charge -sheet against the appellant under Section 302/447, Indian Penal Code and against Sadat Ali and Sahar Ali under Sections 302/34/447, Indian Penal Code. After preliminary enquiries, the committing Magistrate committed the appellant and the two other accused persons under Section 302 read with Section 34 of the Penal Code to stand their trial in the Court of Session. In the Court of Session, the appellant was charged substantively under Section 302 of the Indian Penal Code end Sadat Ali and Sahar Ali were charged under Sections 302/114 of the Indian Penal Code.