LEBUDHAR CHETIA @ LAMBODHAR CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Sri Lebudhar Chetia @ Lambodhar Chutia stood charged under Sec. 302 Penal Code for committing murder of one Sailen Neog, s/o- Sri Homeswar Neog (P.W.-10) on 8th day of Dec., 1993 before the learned Session Judge, Tinsukia in Sessions Case No. 69(T) of 1994. The learned Trial Court at the conclusion of the trial, having found guilty the appellant, convicted and sentenced him under Sec. 302 Penal Code and awarded life imprisonment with fine of Rs. 5,000.00 in default R.I. for three months Appellant, feeling aggrieved by the judgment and order of conviction dated 17.08.2005 preferred this appeal challenging its legality and correctness.

(2.) Before entering into the merit of this appeal it would perhaps be appropriate for us to make a short survey of the prosecution case. Deceased Sailen and the appellant Sri Lebudhar Chetia @ Lambodhar Chutia were co-villagers. Both of them were living in the same locality of Kachuj an village under the jurisdiction of Tinsukia Police Station. On the relevant day i.e. 08.12.1993 at the instance of Sri Homeswar Neog (P.W.-10), the deceased engaged trucks for carrying earth/soil to raise the level of a portion of their land measuring 11/2 Bigha belonging to his father Homeswar Neog situated at Kachujan. While the deceased was looking after filling up of the land by engaging truck, appellant objected to that the deceased should not fill up the land since it would create obstruction from proceeding to their land. Deceased paid no heed to the protest raised by the appellant. Being aggrieved thereby appellant assaulted the deceased at random with sharp weapon with a dao causing multiple injuries on the person of the deceased. Being assaulted thus, deceased was shifted to the hospital but he succumbed to his injuries at Assam Medical College Hospital, Dibrugarh (herein after referred as AMCH, Dibrugarh).

(3.) One Smti. Rabati Chetia (P.W. 4) set the criminal law in motion by sending a telephonic message regarding the assault, which had taken place in their locality. Said information was recorded vide Tinsukia PS. GD. Entry No. 271 (Ext.-6) at 3.30 p.m. on 08.12.1993. After making of the GD. Entry; one S.I. Dhir Singh Das was deputed by the Officer-in-charge to have a visit at the place of occurrence and made investigation of the case. He, accordingly, being entrusted as such had been to the place of occurrence and found the injured Sailen Neog lying inside the paddy field. The injured was sent to the hospital and he thereafter prepared a sketch map (Ext. 7) of the place of occurrence. A search was made for the offender but he was not found at his address. However, a dao was seized vide exhibit 5 on being produced by the daughter of the appellant Ms. Junali Chetia (P.W.-8). In the meantime the said S.I. Dhir Singh Das received a written First Information Report (Ext. 4) from one Khorgeswar Chetia (P.W. 3) at the place of occurrence, which was forwarded to the Tinsukia Police Station for registering a case. Tinsukia PS. Case No. 557 of 1993 was registered under Sec. 326 Penal Code. Injured Sailen Neog was referred to AMCH, Dibrugarh for his improved treatment but he died thereat. On the death of Sailen Neog, Sec. 302 was subsequently added. The inquest on the dead body of deceased was held by Jatin Dihingia, (P. W.-15) a police official of Borbari Police outpost under Dibrugarh Police Station. Postmortem examination was done at the AMCH, Dibrugarh. At the conclusion of the investigation, investigating agency submitted charge sheet against the appellant under Sec. 302 IPC.