SANJU RABIDAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L.R. Mazumder, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam and Mr. U. Choudhury, learned counsel appearing for the informant respondent No.2.

(2.) An ejahar was lodged by Motilal Rabidas before the In-Charge of Baskandi Police Outpost of Lakhipur Police Station inter alia stating that at around 9.00 a.m on 12.09.2015 he came to know from a person over phone that his niece Rita Rabidas was killed in the house of the accused persons named therein and upon receiving the information when he went to the house of the accused persons, he found that his niece was lying dead and there were several injuries on her body.

(3.) We have taken note of that the FIR as regards the said ejahar was entered by the Officer in Charge of Lakhipur Police Station at about 6.00 p.m on 12.09.2015. The FIR further reveals that there was a General Diary entry bearing No.254 dated 12.09.2015 at about 2.30 p.m as regards the occurrence. We further take note of that the investigating officer PW-6 had stated that around 9.30 am he had received a phone call from one Ananda Kumar Singh PW-3 to the effect that one person of Badribasti had been physically assaulted by dao resulting in grievous injuries and the accused was threatening and chasing the other people by brandishing a dao and accordingly GD Entry No.248 dated 12.09.2015 was entered which was proved as Exbt-7 and thereafter, the investigating officer proceeded towards the place of occurrence. The said evidence of PW-6 is also corroborated by PW-3 who had informed the police and had deposed in his deposition that at about 8.30 am of the given day, he received a telephonic information from PW-1 Sibu Rabidas stating that his sister-in-law had been killed and that the accused with a dao in his hand had not allowed anyone to enter the house. PW3 deposed that accordingly he informed the police of Baskandi Police Outpost over phone and the police came. As regards the GD Entry No.248 dated 12.09.2015, the same appears to be consistent with the evidence of the investigating officer as well as that of PW-3 which again has been proved as Exbt-7. Accordingly, we take the GD Entry No.248 to be the First Information Report and proceeded accordingly.