TILOK RAJOWAR @ HAKIM Vs. STATE OF ASSAM

JUDGEMENT

(1.) A hungry man is an angry man. Human nature transcends the boundaries of municipal laws. But 'crimen trahit personam'. Crime carries the person. Place of crime gives jurisdiction to the court of that place over that person.

(2.) Sadbu, a beggar, came to live at Takalimara gaon constructing a but within the orchard of Padmeswar Rajowar, P.W. 5, a labourer of Tinalipam Tea Estate. Tilak Rajowar, a day labourer also came to live with Sadbu. Income of both of them being meagre and uncertain, as if they founded a borne in destitution. On 13.9.78 receiving a telephone message from the Manager of Tinalipam T.E. to the effect that Tilak Rajowar (Appellant) had killed Sadbu (deceased) Sonari P.S. made G.D. Entry No. 315 and P.W. 8 took up investigation and reached the place of occurrence at 11.45 p.m. held inquest (Ext. 2) over the dead body which was under a heap of stubbles, seized a dao produced by Tilak, sent the dead body for autopsy, recorded statements of some persons and arrested the accused. Padmeswar submitted the ejabar (Ext. 3) written by Mahesh.

(3.) On 14.9.78 Dr. B.C. Kakoii (P.W. 1) of Sibsagar Civil Hospital performed autopsy on Sadhu's cadaver and found the following injuries: