RAMESH RONGPI ALIAS RAHANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE prosecution tells its story thus : that on and from 4. 8. 1997, one Bina Kathar of Village No. 2 Tegheria under Khetri PS was missing from the village while he was returning home from the paddy field. The family members and the villagers were in search of Sri Bina Kathar. On 7. 8. 1997 while Mohan Kathar, son of Bina Kathar and few other villagers were in search of Bina Kathar from 5 a. m. , accused Ramesh Rongpi @ Rahang was found concealing his presence in the jungle with a dao in his hand and when he was questioned by the searching party why he was staying there, the accused person fled away. Out of suspicion, the searching party led by Mohan Kathar, then searched the place in an around and found recent dumping of earth near that place. When searching party removed the earth, they recovered the dead body of Bina Kathar which was found buried there. Accordingly, Mohan Kathar informed police and lodged FIR. A crime being Khetri PS Case No. 150/97 (corresponding to G. R. Case No. 3595/97) was registered and investigated the matter. On completion of usual investigation, police submitted the charge-sheet under Sections 302/201/34 IPC. The offence under Section 302 IPC being triable exclusively by the Court of Sessions, the learned Judicial Magistrate committed this case to the Court of Sessions for trial. On appearance of the accused persons and also considering the documents referred to in Section 173 Crpc charges under Sections 302/34/201 IPC were framed against accused Mohit Rongpi, Bhupen Rongpi and Ramesh Rongpi and discharged the other accused persons finding no materials against them. The offences were explained to the above accused persons to which they pleaded not guilty and claimed to stand the trial. The prosecution examined as many as 12 witnesses and the defence did not examine any witness. The defence case is that of complete denial one. During the course of trial, the prosecution exhibited the following documents :-

(2.) HEARD Mr. N. Ahmed, learned counsel for the appellant and also Mr. K. C. Mahanta, learned Additional Public Prosecutor, for the State respondent.

(3.) THE deceased was not seen last with anybody before his death nor was there any eye-witness to the occurrence. The prosecution had to depend on the evidence of P. Ws. 3, 4, 5, 6, 7 and 8, who went out searching the deceased after he went missing since 4. 8. 1997. P. Ws. 3, 4 and 7 are the sons of the deceased Bina Kathar. P. Ws. 6 and 8 are cousin brother and son-in-law of the deceased, while PW- 6 is a man from the same locality. P. Ws. 3, 4, 6, 7 and 8 had been searching for the deceased from 5. 8. 1997 i. e. from the next day of deceased went missing on 4. 8. 1997. They continued their search on 6. 8. 1997. They again started their search from the early morning of 7. 8. 1997. They found accused Ramesh Rahang with a dao sitting at a hilly place with jungles and when they asked what he was doing over there, he instantly ran away. Suspicion arose in their mind and they went to the place where accused Ramesh was sitting. On searching the place, they found a new heap of earth on the spot. As they dug the heap, a hand of a man came into view. PW- 3 could identify the hand. On removing the earth they recovered the deceased's headless dead body. PW- 3 lodged the FIR and the police after registering a case came to the place of occurrence with a Magistrate who held the inquest upon the dead body. The severed head of the deceased was recovered by police at a place little away from the site where the dead body was found as was shown by the accused Bhupen Rongpi after a day of recovery of the dead body i. e. on 8. 8. 1997 from a service of stone under water. In the evidence of above PWs, the following material particulars are found :-