NIRANJAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) CONVICTED under Section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 2000/- in default of which, he will undergo rigorous imprisonment for another four months, accused/appellant has preferred the present criminal appeal against the Judgment and Order dated 25. 08. 2003, passed by the learned Session Judge, Morigaon.

(2.) THE brief facts as revealed at the time of trial, may be stated as follows : on 18. 12. 1998 at 10 P. M. , Friday, the accused persons namely, Niranjan Das, Chakradhar Das and Smti. Numali Das entered into the house of the informant, Maitora Das and dragged her husband out to the Courtyard and all the three accused persons assaulted her husband with dao and lathis causing grievous injuries and leaving him in dying state there. At the time of occurrence her son Durgeswar Das was present and they tried to save her husband but they were also assaulted by the accused persons. One Mohiram Das, took the injured Deben Das to Dharamtul Police Station on 18. 12. 1998 and verbally reported the occurrence. GD entry being No. 367 dated 18. 12. 1998 was recorded at 10. 30 P. M. in the general diary of the Dharamtul Police Station. The injured Deben Das was sent to Ahatguri Hospital. The Officer-in-Charge of Dharamtul Police Station issued a requisition to record the dying declaration of the injured and forwarded him to Morigaon Civil Hospital for treatment. On the next following day i. e. 19. 12. 1998 at 10. 30 A. M. , the PW-2 lodged a written FIR on the basis of which Dharamtul Police Station Case No. 58/98 was registered under Section 448/326/325/34 of Indian Penal Code. Investigation of the case was entrusted with Dhani Ram Saikia, S. I. of Police, PW-9. The said Investigating Officer, visited the place of occurrence and seized some articles at the place of occurrence and collected evidence. The injured, Deben Das expired on 19. 12. 1998 and post mortem examination was conducted on the dead body of the deceased after making the inquest report. The Police made a prayer for adding Section 302 of IPC and the same was granted by the CJM, Morigaon. The charge sheet was filed against the accused namely, Niranjan Das, Chakradhar Das and Numali Das. The case being triable exclusively by the Court of Sessions, the learned CJM committed it to the Court of Sessions vide his order dated 01. 08. 2000 for trial.

(3.) HEARD Mr. A. Choudhury, learned Counsel for the appellant and Sri P. C. Gayan, learned Additional Public Prosecutor, Assam for the Respondent State.