JOYDEV BARHOI Vs. JITEN SARKAR

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 29.06.2009, passed by the learned Sessions Judge, Morigaon in Sessions Case No.106/2007, whereby the learned Court has convicted the accused No.1 Rupchand Sarkar but has acquitted the accused No.2 Jiten Sarkar.

(2.) The prosecution case may be briefly narrated as follows: an FIR. was filed by one Joydev Baroi on 29.06.2007 alleigng inter alia that on the previous night i.e. on 28.06.2007 his elder brother Arjun Baroi was sleeping along with his another brother Mahadev Baroi at the 'Pamghar' at Sutradol Village but at about 11:00 P.M., he was not found on bed. Said Mahadev hearing the cry at about 1:00 A.M. at night, searched for his brother Arjun Baroi and then he was found lying outside with a stab injury on his neck. Although some sort of nursing was provided to Arjun but he died. Said Mahadev while he went in search of Arjun, could notice three/four persons running away from the side of Arjun and two of them were Rupchand Sarkar and Jiten Sarkar.

(3.) On being informed about the incident by Mahadev, his brother Joydev filed the aforesaid FIR. On the basis of the FIR, the Jagiroad P.S. GDE No.777, dated 29.06.2007 was registered u/s.302/34 Penal Code. The investigation commenced forthwith, inquest on the dead body was done, post mortem examination was also conducted on the dead body. The accused persons were arrested and accused Rup Chand Sarkar made a confessional statement in the Court. The statement of the other witnesses were also recorded and after completion of the investigation, the charge sheet u/s.302/34 of the Penal Code was filed against accused Rup Chand Sarkar and Jiten Sarkar.