MUKUL MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 29.3.94 passed by learned Sessions Judge at Cachar, Silchar in Sessions Case No. 79/92, whereby, while acquitting co-accused Naren Mandal of the charge u/s 302 read with Section 34 IPC, convicted the accused appellant u/s 302 IPC and sentenced him to undergo imprisonment for life with fine of Rs. 5,000/-, or in default of payment of fine to suffer two years R.I. Aggrieved by the same, accused Mukul Mandal has preferred this appeal.

(2.) Prosecution case .stated in brief was that on 28th August, 1991 around 8-40 P.M. the deceased Ratan Biswas, son of the informant P.W.-8 Kewal Biswas was allegedly attacked with a sharp edged weapon on the road abutting the culvert of E & D Dam. He lay injured on the spot, his brother Dilip Biswas, P.W.-7 on being informed of the incident rushed to the place of the occurrence only to find Ratan lying with a bleeding injury on the E & D Bundh near the house of one Savitri Dusad and immediately taken to a Nursing Homeat Itkhola in a rickshaw where Dilip, the elder brother of the injured was advised to take him to the civil hospital. It is the claim of the witness, P.W.-7 that on being asked by his father, Ratan disclosed the names of the assailants as Mukul and Naren. Both of them were in the same Rickshaw. The injured was gradually sinking and by the time they reached Premtola Road, he became unconscious. On being examined by the Doctor, he was declared dead. Kewal Biswas, P.W.-8, the father of the deceased lodged an ejahar, Ext. 12, at Police Station Silchar, on the basis of which a case u/s 302/34 IPC was registered and taken under investigation. The police came to the civil hospital around 11-00 P.M. as stated by P.W.-7, the dead body was sent for post-mortem examination to the Medical College Hospital. The following day, an inquest was held as per the report Ext. 3:

(3.) The immediate cause of assault as can be gathered from the evidence of P.W.-7 was that about 10-15 days prior to this occurrence, the deceased Ratan had assaulted accused Mukul, for which a meeting was held and his father i.e. P.W.-8 had paid an amount of Rs. 60/- to Mukul's mother. It may be noted at this stage that prior to the lodging of the ejahar, around 9-35 P.M., a telephonic call had been received by P.W.-15, a Sub-Inspector of Police, In- charge of Malugram Town Out-Post, the message was to the effect that there was some disturbance on E & D Bundh, near Kkhola Ramkrishna Polly. According to the I.O., P. W.- 15, he made a G.D. Entry No. 645, Ext. 11 and proceeded to the spot. Some people had gathered there he also noticed blood marks and on enquiry from a woman, living in the nearby Kuccha dwelling house, he learnt that Ratan Biswas had been stabbed by 'somebody'. He found a 'Hawai Chappal' on the tri-junction leading to the house of the accused. The chappal was alleged to be blood stained, it was seized by Ext. 1. The house of the accused was searched and it is claimed that a blood stained white coloured shirt, material Ext. 2, was recovered,, they are seized as per Seizure List, Ext. 2. After effecting the above seizure, the I.O., P.W.-15 again came to the place of the occurrence,, where he found P.W.-8 Kewal Biswas wlho informed him about the attack on his son by the accused and that his son died on way to hospital. It is at this juncture that the I.O. advised P. W.-8 to file a formal ejahar, Ext. 12, which he (P.W.-8) did on the same night at 1-00 A.M. It was forwarded to Silchar Police Station far registration. The accuseds are stated to have been arrested on 2.9.91 by Rangirkhari T.O.P. and were handed over to the I.O. AccusedMukul had injury on his forehead, he was taken to civil hospital for treatment. It is the claim of the I.O., P.W.-15 that certain incriminating article, such as, weapon of attack and the half shirt, a striped Lungi, which he wore at the time of occurrence were recovered from the house of one Sukumar Roy at the instance of the accused. Accused Mukul was forwarded to the Magistrate for recording of his confession, Ext. 17. Two witnesses, namely, Shri Anjan Deb and Rono Sukhlavaidya were also forwarded to the Magistrate for recording their statement u/s 164 Cr.P.C. The I.O. has testified that accused Naren Mandal surrendered before the Court on 19.1.91. On completion of investigation, the accused were charged and tried far the above offence.