RIPUNJOY BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appeal is directed against the judgment dated 21-5-1994 passed by the learned Additional Sessions Judge, Dibrugarh conviction the accused/appellant under Section 302, IPC and sentencing him to undergo life imprisonment. On an F.I.R. dated 3-1-1988 Jaipur Police Station Case No. 3/88 was registered under Section 302, IPC. The above information was lodged by the PW 2, Shri Dina Bora before the Officer in Charge Joypore Police Station informing that his younger brother Pradhan Bora was killed by Ripunjoy Borgohain by stabbing him in the abdomen with a dagger in front of Ashok Hotel near Moran Tiniali. After completion of the investigation the Police submitted charge sheet under Section 302, IPC. On committal the learned trial Court charged the accused/appellant under Section 302, IPC. PW 1 is the Doctor who made the autopsy of the deceased and on examination he found the following injuries :

(2.) P.W. 2 is the informant who did not see the occurrence and he was only reported by Ananda Gogoi about the occurrence. Mr. Ananda Gogoi was examined as PW 3 who stated that he along with Tarun Kunwar (PW 6) were having tea at Ashok Hotel, Naharkatia. Pradeep (deceased) came in a motor cycle and entered the Ashok Hotel. and took a glass of water inside the said Hotel. Pradeep then talked a few minutes with the witness and then he started to go out of the Hotel. Accused at the moment came towards the Hotel and stabbed Pradeep with a dagger and left the scene immediately. According to this witness when the accused, came towards the Ashok Hotel Pradeep returned back a few steps to the Hotel and the occurrence took place inside the Hotel. The witness deposed that Accused had stabbed Pradeep with dagger on his abdomen and ran away from the said Hotel thereafter. The deceased put his one hand in the wound and with the other hand gave the witness the key of his Motor Cycle asking him to inform at his house, witness accordingly informed deceased's brother. Kanak (PW 4) took Pradeep to thana by a rickshaw, Witness came to Pradeep's house with the Motor bicycle and informed Pradeep's brother about the incident. On examination the witness stated that after talking with the witness the deceased went about 10 feet towards the door of the Hotel and then accused came and stabbed Pradeep with a dagger and then ran away from the place of occurrence. The witness also stated that he saw the accused when he entered the Hotel. It only took a few seconds for the accused to reach Pradeep and stabbed him. He also saw the dagger which was stained with blood in the hand's of the accused.

(3.) PW 4, Sri Kanak Gogoi stated that he was taking tea in the restaurant in Naharkatia Town on the date of occurrence. He also saw that a commotion that took place at the door of the said restaurant and there was a fight between Pradeep and someone. He also saw a wound on the abdomen of Pradeep but did not see the persons who did it. This witness was declared hostile by the prosecution and was cross-examined. On cross- examination the witness stated that he did not see Pradeep Borah near the Cinema Hall and when he entered the hotel he saw Ripunjoy Gohain talking with Pradeep. The witness denied that he made statement before the investigating officer that he saw Pradeep (deceased) talking with Ripunjoy Gohain and that after one minute Ripunjoy took out a knife from inside his shirt and stabbed Pradeep on his stomach and after that Ripunjoy (accused) ran away towards the Moran Road. The witness deposed that he saw Pradeep falling on the ground and brought Pradeep in a rickshaw to the thana and from thana he took Pradeep to Dr. Shankar where Pradeep was given preliminary treatment. From Dr. Shankar's place the witness and others took Pradeep to Duliajan Oil Hospital and after examining Pradeep, Doctor at Duliajan hospital declared Pradeep dead. The accused was cousin brother (son of father's sister), this witness was declared hostile by the prosecution. According to this witness that he saw the occurrence but could not recognise the person who stabbed Pradeep. On enquiry from the Court the witness stated that he was carrying Pradeep in injured condition in a rickshaw to thana and on the way he asked him, who stabbed Pradeep, but Pradeep could not reply and at no stage he told the name of the assailant.