MADAN KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment rendered by the learned Additional District and Sessions judge (FTC) No. 1 Kamrup, Guwahati in sessions Case No. 16 (K) 2000 whereby and whereunder each of the appellants are convicted for offence punishable under Section 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 5,000/- in default r/i for 2 (two) months in the first count and convicted for offence punishable under Section 326/34, IPC and sentenced for imprisonment for 7 (seven) years and a fine of Rs. 1,000/- in default S/i for 15 days in the second count and has further convicted for commissioning of offence punishable under section 460/34, IPC and sentenced to imprisonment for 10 (ten) years and fine of Rs. 5,000/- in default R/i for 2 (two) months for allegedly committing murder of Singha ram Kumar and his wife Mina Kumari (hereinafter referred to as deceased) and also for causing grievous injuries on the person of smt. Pramila Kumari alias Boro, Smt. Manju doimari and Smt. Banti Pator, on 19-8-96, at 2. 30 a. m. and ordered to run the sentences concurrently.

(2.) THE Prosecution version in a nutshell is that on 19-8-96 at about 2. 30 a. m. at night, some culprits entered the house of singha Ram Kumar by breaking the dwelling house and committed murder of Singha ram Kumar and his wife Mina Kumari. The culprits caused grievous injuries on the hand of Smti. Manju Kumar, the daughter of later Singha Ram Kumar and their guest smti. Banti Pator by means of sharp weapon. The said information was lodged by P. W. 1 arun Kumar before the Khetri Police Station vide Ext. 1 who later on came to know that the accused Pabitra Kumar, Tankeswar kumar and Madan Kumar did the offence due to land dispute between the parties. The said ejahar Ext. 1 was registered as Khetri p. S. Case No. 129/96 under Section 460/ 302/326, IPC and the Investigating Officer during investigation visited the place of occurrence, made an inquest report on the dead bodies of the deceased, examined the witnesses, seized one dao along'with soil stains with blood from the place of occurrence and seized some clothes with blood stains from the house of the accused persons and sent the dead bodies for autopsy to Guwahati Medical College and sent the soil with blood stains collected from the place of occurrence, the weapon, the hairs found fixed with the dao with blood to the Forensic Science Laboratory (FSL for short) examination. After collecting the post-mortem report along with the report from FSL and on completion of investigation, the Investigating Officer submitted the charge-sheet against the accused Tankeswar Kumar, madan Kumar, Pabitra Kumar, Sukleswar kumar, Smti Manju Kumari and Smti Urmila kumari under Sections 460/302/307/34, ipc. Accordingly, GR Case No. 3569/96 under Sections 460/302/326, IPC was registered by the learned SDJM, Pragjyotispur. The case being triable by the Court of Session it was committed to the learned Sessions Judge, Kamrup, Guwahati, who in turn transferred it to the Court of learned additional District and Sessions Judge (FTC)No. 1 Kamrup, Guwahati for disposal.

(3.) ON appearance of the accused persons, viz. Tankeswar Kumar, Madan Kumar, pabitra Kumar, Sukleswar Kumar, Smti manju Kumari and Smti Urmila Kumari the learned Sessions Judge after hearing the parties framed charge against all the accused persons under Sections 460/302/ 307/34, IPC and had also framed charges under Sections 460/302/307/34, IPC separately against the accused Tankeswar kumar, Madan Kumar and Pabitra Kumar. The charges so framed were read over and explained to the accused to which they pleaded not guilty and claimed to be tried. However, during the pendency of the trial the accused Pabitra Kumar died and the case was abated against him.