KAMESWAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Ahmed, learned counsel appearing for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(2.) An ejahar dated 26.08.2013 was lodged by Binod Kumar Shah before the In-Charge of Amulapatty police outpost, Dibrugarh stating that Kameswar Singh and Raja Singh who were staying as tenants in the house of their neighbor Manoj Thakur had hacked Manoj Thakur with sharp weapon inside his house, as a result of which, Manoj Thakur died inside his house. While running away from the place, Kameswar Singh and Raja Singh had also damaged Manuj Thakur's motor cycle.

(3.) The informant while deposing as PW-1 stated that on the night of 25.08.2013 at about 10.30 p.m. while he was sleeping in his house, he heard some sound coming from the house of Manoj Thakur. The people of the neighbourhood shouted which woke him up and he went out to enquire about the matter. When he went to the house of Manoj Thakur he found his dead body with injuries on his neck. The witness deposed that later on he came to know from the people nearby that Raja Singh who used to reside in the rented house of Manoj Thakur assaulted him. He further deposed that the mobile phone and the motor cycle of the deceased Manoj Thakur were damaged. In cross, the witness stated that he did not see the occurrence as to who had assaulted the deceased.