KARTIK MAL AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is by four convicts who have been found guilty under section 302/34 of the Indian Penal Code. Each of the appellants has been sentenced to undergo R.I. for life.

(2.) Deceased Rajkumar was a labour of the West Jalinga tea garden. On 9.6.82, he came to the house of PW 5 Niiakanta who is also a labour of the aforesaid tea garden. Rajkumar came to the house of this witness around 7 PM to have some discussion with Suparuo, a sister of the witness, relating to the damage to many houses in the garden due to storm. As the younger brother of the witness was lying ill, Rajkumar spent sometime asking the well-being of the younger brother. By this time it was 10.30/11 PM. As it was quite late by the time deceased left the house of the witness, Nilakanta gave company to Rajkumar. He then had a torch with him. After crossing the main road, the two persons came to the lane by which one has to travel to reach the house of the deceased. When they arrived near the gate of the house of the accused Kartick, PW 5 saw Kartick and Ram Karan waiting in front of the former's house. At the relevant time, the witness was 3/4 cubits, ahead of the deceased. After crossing the house of Kartick, the witness heard a sound coming from behind. When he turned back and flashed the torch, he saw that accused-Kartick and Ram Karan seized Rajkumar and fell him on the ground. Immediately thereafter, he saw accused-appellants Bijan and Kumud coming and hitting Rajkumar with a spear and axe. This was too much to frighten this witness as a result of which the torch dropped down from his hand. The witness ran towards the house of Rajkumar which was about 25/30 nals away from the place of occurrence. Reaching the home of Rajkumar, the witness informed the son of the victim all about the occurrence. Pradip, the son of deceased, also called his uncle Bipin. Then with some others they went towards the place of occurrence running and when they reached the spot they found some persons fleeing away. Reaching near Rajkumar the party saw him lying injured and crying for water. On Bipin's enquiring about the occurrence, the witness told him what he had seen. The party also found an axe and spear lying nearby, also the torch which got dropded from the hands of the deceased.

(3.) Injured Rajkumar was brought to his house and Bipin was sent to PW 6 Surath who was the Panchayat President at the relevant time. Doctor's help was also sought and after giving first-aid he advised to remove the injured to the hospital. On way, the party went to Dwarband Police who advised removal of the injured to the Medical College. Reaching there, the injured was declared dead.