BIPUL RAY @ ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Kanak Sarma, along with Mr. Ditul Das, learned counsels for the accused appellant and Ms. Barnali Bhuyan, learned Additional Public Prosecutor, Assam for the State respondent.

(2.) This criminal appeal has been filed by the appellant Sri Bipul Ray @ Roy being aggrieved with the judgment of conviction and sentence dtd. 22/1/2015, passed by the learned Sessions Judge, Kokrajhar in Sessions Case No. 59/2012, arising out of Fakiragram Police Station Case No. 30/2012, (corresponding to G R No. 271/2012) whereby he has been convicted under Sec. 302 IPC and sentenced to suffer Rigorous Imprisonment for Life with a fine of Rs.5,000.00 for the said offence, in default of payment of fine, to undergo Rigorous Imprisonment for 3 (three) months.

(3.) Smti. Gita Rani Roy (PW.4) on 27/4/2012 lodged an written ejahar before the Officer-in- Charge of Fakiragram Police Station stating that on the previous evening, i.e., on 26/4/2012 at around 07:00 pm while returning home from Shakti Ashram Bazar side Rupak Roy saw a youth of Mukhigaon vandalizing the public Kali and Shiva Temples of their village. Witnessing the same said Rupak Roy informed the villagers about the same. Before the villagers could move to the place of those temples, said Rupak Roy along with his friend Raju Roy proceeded in advance and saw Bipul Roy, son of late Jadab Roy of Mukhi Gaon. Seeing them said Bipul Roy came out of the temple and he chased them with lathi and Khukri in his hand. Seeing it Rupak Roy and Raju Roy walked back and called the villagers. Before the villagers could reach the place said Bipul Roy damaged the motor cycle of Rupak Roy that he left on the road while he and Raju Roy ran out of fear of losing their lives on being chased by Bipul Roy. On arrival of the villagers in the temple, Bipul Roy fled towards his house. Suddenly, said Bipul Roy appeared before Rupak Roy, Pratyush (Paritosh) Devnath (PW.1), Sanjay Roy (PW.3) and others and attacked Rupak Roy with Khukri in his hand. People gathered at the place of occurrence called a 108 Ambulance and took injured Rupak Roy immediately to the Kokrajhar Hospital but the said victim succumbed to the injuries on his way to the hospital. Through the said ejahar the complainant on behalf of the villagers requested the authorities concerned to investigate the matter and to punish the accused accordingly.