ROCKY KALANDI AND ANR. Vs. STATE OF ASSAM

JUDGEMENT

(1.) AppellantsRocky Kalandi and Suraj Nayak have been convicted under Section 302/34 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5000/- each, with default stipulation.

(2.) The victim of incident was Cheru Nayak.

(3.) According to the prosecution case, the appellants and Cheru Nayak worked together in Bhelaguri Tea Estate falling within the jurisdiction of Police Station Moriani, District Jorhat. On 7.9.2010, around 5.30 p.m., for some reason, the appellants assaulted Cheru Nayak at the Tea Garden and due to the assault Cheru Nayak sustained one internal head injury. On hearing the commotion, workers of the Tea Garden, namely, Birbal Kalandi (PW-2), Prema Kajhi (PW-3), Ajit Majhi ( PW-4) and Gerela Majhi (PW-5) rushed to the place of occurrence. Out of these witnesses, Prema Kajhi actually saw the appellants assaulting Cheru Nayak whereas the remaining saw them standing near Cheru Nayak. Birbal Kalandi handed over injured Cheru Nayak to his brother Gezu Nayak (PW-1) and informed him about the incident. Gezu Nayak, in turn, carried Cheru Nayak to Jorhat Medical College and Hospital, where he died on 18.9.2010 around 6 p.m. Gezu Nayak then made ejahar exhibit 1 at Deberapar Police Out Post on 18.9.2010 which was later registered as First Information Report. In the ejahar Gezu Nayak categorically named the appellants as the assailants of Cheru Nayak. During investigation, Dr. Bikramjit Baruah (PW-6) conducted the postmortem examination on the dead body. He found lacerated injury on the back of left shoulder 2 c.m. in size and one haematoma in left temporal lobe with depressed fracture. The doctor in his postmortem examination report exhibit-5, opined that Cheru Nayak died due to head injury.