BIPIN GHATOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant - Bipin Ghatowar has been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation. Another co-accused - Kashinath Ghatowar, who was brother of the appellant, died during the trial, and as such, the prosecution case stood abated against him.

(2.) The victim of the incident was Bharat Tanti, aged about 40 years. He and appellant lived as neighbors in the same Pawai Tea Estate, District Tinsukia.

(3.) According to the prosecution case, Bharat was father of Shyam (PW-1) and Rupesh (PW-6) . On the night of 29.8.2010, both Shyam and Rupesh along with Kashinath attended the puja ceremony organized in the house of Bikram Singh. However, on way, while returning during midnight, Kashinath had an altercation with Shyam and Rupesh. And as Kashinath reached his house, he asked Shyam and Rupesh to wait outside. Kashinath then went inside and came out with a sharp edged weapon. Along with him, his younger brother ' appellant also came out armed with a lathi. Immediately thereafter Kashinath and appellant tried to assault Shyam and Rupesh but they ran away. Kashinath and appellant also ran after them but could succeed in reaching them. On hearing the commotion, Bharat went to the house of Kashinath and requested him not to raise hue and cry. But Kashinath and the appellant retaliated by causing fatal injuries to Bharat with their respective weapons as a result of which he died on the spot. The incident took place in front of the house of Kashinath. Ejahar of the incident (First Information Report) was lodged by Shyam at Police Station Digboi. The Station Officer of Police Station-Cheniram Pagag (PW-11) immediately rushed to the place of occurrence. There he prepared the inquest report of the dead body in the presence of Ganesh Chetry (PW-7) and Atish Tanti (PW-5) . He also arrested the appellant from the house of one Sanatan Gowala where he was hiding. He then seized one lathi Exhibit 2 pursuant to the statement of appellant. Exhibit 2 is the seizure memo of lathi. Manoj Kumar Singh (PW-8) and Bagadhar Mahanand (PW-9) are witnesses to the seizure of lathi. Later, Kashinath also surrendered at the Police Station whereafter he was arrested.