DIPAK KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This judgment shall decide Crl. Appeal (J) Nos. 81, 82 and 83, all of 2014, because they arise out of the same incident and common judgment of the trial court. All the appellants, namely, Dipak Karmakar, Draupadi Karmakar and Lakhan Mura have been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 1,000/- each, with default stipulation.

(2.) The victim of the incident was Debaru Kharia, aged about 35 years.

(3.) According to the prosecution case, appellants Dipak Karmakar and Draupadi Karmakar are brother and sister whereas Lakhan Mura is their close associate. All of them including Debaru Kharia lived in the same locality within Khetujan Tea Estate, District Tinsukia. The house of Debaru Kharia was just 100 yards from the house of Dipak Karmakar and Draupadi Karmakar. On 1.10.2012 at about 7 p.m., Dipak Karmakar invited and took Debaru Kharia to his house. Debaru Kharia however did not return home that night. Bishal Kharia (P.W.2) is younger brother of Debaru Kharia and both of them lived in one house, but in separate rooms. Pinki Kharia (P.W.6) is wife of Debaru Kharia. When Debaru Kharia did not return home, Bishal Kharia became worried. He on the morning of 2.10.2012, looked for Debaru Kharia and found him lying in the verandah of Dipak Karmakar's house. Debaru Kharia had injuries and on the asking of Bishal Kharia he disclosed that he was assaulted by the appellants with lathi. From there, Debaru Kharia was taken to the hospital of Tea Estate, but the doctor referred him for better treatment to Tinsukia Hospital. There also, the doctor further referred him to Dibrugarh Hospital, but due to financial constraint, Debaru Kharia was brought back to Tea Estate Hospital. Debaru Kharia unfortunately died en route to Tea Estate. Dipak Karmakar had accompanied Bishal Kharia during shifting of Debaru Kharia from one hospital to another. But when Debaru Kharia died, Dipak Karmakar tried to run away. He and Draupadi Karmakar were, however, caught by the public. Sushil Tanti (P.W.3) was informed about the incident in the capacity of President, Village Defence Party. He then informed Bordubi Police Station. It appears that information given by Sushil Tanti to the police was not recorded. Instead, the report made by Bishal Kharia was recorded as Ejahar exhibit 2. The police prepared the inquest report exhibit 3 of the dead body of Debaru Kharia on 10.2012 at 10 pm. The body was then sent for the post mortem examination.