JOY PRAKASH TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Ms. C. Sarma, learned Amicus Curiae for the appellants and Mr. K. C. Mahanta, learned Public Prosecutor, Assam.

(2.) BOTH the appeals above have been cropped up out of a common Judgment dated 16. 8. 2007 passed by the learned Addl. Sessions Judge No. 1, Tinsukia in Sessions Case No. 90 (T)/2005 by which both the appellants were convicted and sentenced to suffer life imprisonment and fine of Rs. 5000. 00 each in default to undergo further imprisonment for a period of 6 months under Sections 302/34 IPC. Feeling aggrieved thereby the appellants have preferred the appeals from jail challenging the legality and correctness of the Judgment dated 16. 8. 2007 passed by the learned Addl. Sessions Judge No. 1, Tinsukia.

(3.) THE facts involved in the appeals are as follows : The deceased Kartik Gowala was the son of the informant Shri Biralal Gowala, PW 1 while PW 2 Smti. Astara Gowala is the wife of the deceased Kartik Gowala. On 24. 4. 1997 at around 9. 10 PM while the deceased and his wife PW 2, Smti. Astara Gowala were sitting at home after taking their dinner at that time Shri Amiya Kumar, Barun Kumar, Biru Kumar, Arun Kumar, Madan Tanti, Arjun Nayak, along with Palwan Das and Joy Prakash Tanti and several others had been to the house of the deceased and called him out. As soon as the deceased Kartik Gowala came out of his residence, the above named persons assaulted him with deadly weapon and as a result he sustained multiple injuries. Deceased Kartik Gowala as a result of sustention of multiple injuries succumbed to it. Bimal Gowala, PW 1 on the next morning at about 9. 30 AM lodged an FIR, Exhibit -1 with Tinsukia Police Station which had been registered as Tinsukia P. S. Case No. 221/97 under Sections 302/34 IPC. During the course of the investigation, Shri Prafulla Kataki, PW 8, the then ASI of Police, conducted an inquest on the dead body of the deceased and sent the same to Assam Medical College and Hospital, Dibrugarh for post mortem Examination where autopsy was conducted by Dr. R. K. Gogoi, PW 6, Shri Prafulla Kataki, PW 8 further during the investigation seized the blood stained clothes found wearing by the deceased vide Exhibit 3. The seizure Memo Exhibit -3 prepared was in presence of the witnesses. He also recorded the statement of the witnesses under Section 161 Crpc and prepared a sketch map of the place of occurence. After completion of the preliminary investigation of the occurence alleged, he handed over the case diary to the Officer -in -Charge of the Tinsukia Police Station, which was later on handed over to PW 7, Shri Kamini Kr. Singh, Sub Inspector of Police, Tinsukia Police Station. He arrested, having been entrusted with the investigation, the accused Amit Kumar @ Amiya Kumar, Arun Kumar and Madan Barua. Vide Exhibit 4, he also seized a 'khukri' as shown by the accused Amit Kumar in presence of the witnesses. The accused Amit Kumar and Arun Kumar were forwarded to the Court for recording their statements under the meantime, he was transferred and accordingly he handed over the case diary to the Officer in Charge. The investigating agency after completion of the investigation submitted Charge Sheet against the present appellants and six others namely, Borun Kumar, Arun Kumar, Biru Kumar, Arjun Tanti @ Amit Kumar, Amit Kumar and another Madan Kumar under Sections 302/34 IPC.