GOLAP CHANDRA MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) - The appellant Golap Chandra Mahanta a co-accused along with 3 others had to face the trial in the Court of Sessions Judge, Darrang at Tazpur-in Sessions Case No. 88 (D-T) of 1977 under Section 302 and 394 read with Section 34 of the Indian Penal Code. It was a double murder case where the unfortunate victims Mahadeo Prasad Agarwalla and his wife Santi Agarwalla had to face their cruel death. The learned trial Court found the appellant and his other co-accused ]ogeswar Sangmai guilty under Section 302 and 394 read with Section 34 of the Indian Penal Code and convicted both of them to suffer R.I. for life and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for one year under Section 302 of the Indian Penal Code. They were also sentenced under Section 394 I P.C. to suffer R.I. for 10 years each and to pay a fine of Rs. 500/, in default to undergo R.I. for one year each. The term of sentence of imprisonment awarded to each of them were directed to run concurrently. The other two accused were acquitted as they were found not guilty by the learned trial Court. Hence this appeal has been filed by Golap Chandra Mahanta challenging the legality of the judgment and order of conviction and sentences inflicted on him.

(2.) The occurrence indeed, was unfortunate and heinous. While murder is a tragedy, discovery of the murderer beyond doubt is a judicial function. The duty of the Court is to enquire who the culprits were. Before we enter into the merits of the case in its proper perspective we propose to state briefly the prosecution case.

(3.) Deceased Mahadeo Prasad Agarwalla was the owner and proprietor of M/s Sankar Stores at Marnoiguri under Gohpur Police Station. On 23.3.1976 evening Mahadeo Prasad Agarwalla was sitting on the Gaddy of his shop. Two lamps (one table lamp and one hurricane) were burning inside the shop. Two of his employees, Surajmal Sarma (P.W. 3) and Ukil Prasad were busy in counting empty gunny bags. At about 7.30 P.M. four persons armed with dagger, torch lights etc. entered the shop of Mahadeo Prasad Agarwalla. It is further stated by the prosecution that one of them had a pistol like tiling and each of them took their respective position inside the shop to commit the offence. One of them stood on the door way, one moved towards Mahadeo Prasad and the other two approached towards Surajmal and Ukil Prasad who were busy inside the shop in counting gunny bags. One of the culprits who approached Mahadeo Prasad Agarwalla demanded key and asked him not to shout. Mahadeo Prasad raised alarm shouting Daku, Daku. No sooner he shouted, the culprit stabbed him. Hearing the alarm raised by him, his wife Santi Agarwalla approached from inside, but she was also stabbed by one of the culprits. She fell down on the spot with injuries. Mahadeo Prasad ran out of his shop and fall in front of the shop of one Tulsi Prasad who was the next door neighbour. The culprits, after assaulting both of them took away a tin box and some money from inside the cash box that was on the GaddyT. Hearing the alarm many people gathered there. On receipt of information police arrived at the place of occurrence at about 9 P.M. on the said date. Shankar Lal (since deceased) who was the son of Mahadeo Prasad lodged an ajahar narrating the incident upon which investigation was started by police of Hawajan Police Out Post. In ajahar the informant did not furnish the name of any of the culprits but simply narrated the occurrence which took place at about 7.30 P. M. on 23-3-1976. In course of investigation the police arrested the accused appellant Golap Chandra Mahanta, accused Jogeswar Sangmai (who have been convicted), Maniram Gogoi -and Biran Gogoi and submitted charge-sheet against them under Section 302/394 read with Section 34 I.P.C. All the aforesaid accused were charged under Section 302/394 read with Section 34 I.P.C. by the learned Sessions Judge and they pleaded not guilty when the charges were explained to them.