SHYAMAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Shyamal Das has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000.00 with default stipulation.

(2.) The victim of incident was Sunarton, aged about 27 years.

(3.) According to the prosecution case, appellant and Sunarton were good friends and lived in the same locality at Kathal Road falling within the jurisdiction of Police Station Silchar, Cachar. They were also rickshaw pullers by profession and after day's work, they usually used to spend time together along with two co-accused persons - Satish and Sundar, who were also rickshaw pullers and lived nearby. On the night of 9.8.2007, around 10 p.m., appellant, Satish and Sundar, as usual, went to the house of Sunarton and called him. Sunarton then left with them to spend time and did not return during the night. His father Monoranjan Roy (PW-1) naturally got worried and searched for Sunarton, but could not find him. On the following morning, Monoranjan was informed by some boys that injured body of Sunarton was lying in a field near Kathal Road. Monoranjan, in turn, informed his brothers - Satya Ranjan Roy (PW-2) and Subhodhar Roy (PW-4) where after, all of them rushed to the place of occurrence. There they found Sunarton lying dead with multiple injuries. Satya Ranjan telephonically informed the police of Rangirkhari Police Out-Post. At that time, Subrata Purkayastha (PW-6) was In-charge of Police Out-Post. On receiving the information, he went to the place of occurrence with his staff and prepared inquest report exhibit 1 of the dead body. He also seized certain articles vide seizure list exhibit 3 and sent the dead body for post mortem examination.