KAJAL SEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 7.7.94, passed by the learned Addl. Sessions Judge, Silchar, in Sessions Case No. 9 of 1992, convicting the accused appellants under Section 302/149 IPC as well as under Section 148 IPC and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs.2000/- under Section 302/ 149 IPC and further sentenced them to undergo rigorous imprisonment for one year under Section 148 IPC.

(2.) The deceased, Dipak Deb alias Piklu of Purna Paul Road, Silchar, according to the prosecution, set out for a nearby "Paan" shop (Betel shop) for buying and chewing Betel- nut at about 10 PM on the fateful night of 14.12.90. Immediately thereafter, a cry for help was heard from Piklu. Smelling something ominous, the mother and brothers of Piklu left for the scene. Piklu was forcibly caught hold of by the accused persons and at their instance, Nepal thrust a Dagger on the left side of the breast: of Piklu. The accused thereafter made good their escape. Piklu was thereafter immediately taken to the Silchar Civil Hospital and therefrom, he was removed to the Silchar Medical College Hospital. The Police was informed about the occurrence immediately thereafter. On the following day, Ranjan Deb (PW 5), the elder brother of the deceased Piklu, submitted a written FIR before the Officer-in-Charge, Silchar Police Station. In view of the serious condition of the injured Piklu, the Police requisitioned Dr Debabrata Singh (PW 10) for recording the Dying Declaration of Piklu which was recorded on the same night on 14.12.90. In three days from the date of occurrence, Piklu died at the Silchar Medical College Hospital. On completion of the investigation, the Police submitted charge sheet against the accused-appellants and three others including Nepal Dey-(since deceased) under Sections 147,148,149, 307 and 302 IPC. On committal, the learned Sessions Judge framed charges under Sections 148, 302/149 IPC and explained to the accused, to which they pleaded not guilty and claimed to be tried. During trial, the prosecution examined as many as twelve witnesses and the defence did not examine -any witness. In their statements, under Section 313 CrPC, the accused persons denied their involvement in the offence and stated that they were falsely implicated, in the case in view of their past enmity with the informant party. The prosecution in support of its case relied upon the ocular testimony of the witnesses, the Dying Decdaration (exhibit 6) as well as the evidence of Dr Debabrata Singh, who recorded the Dying Declaration of the deceased, besides exhibit 7, the GD Entry No. 310 dated 14.12.90.

(3.) PW 1, Shri Bikram Deb, a resident of Purna Prasad Road, Silchar, stated that on the date of occurrence at about 9.30 PM, at about 9.30 after taking his food while he was preparing to retire to his bed, at that time he heard screams "Barada, Bachao, Bachao" (elder brother, save me, save me). The place of occurrence was 15/20 Cubits away from the witness. The place where Piklu was surrounded was in front of "Purna Decorous". The witness stated that he could recognize Piklu in the light of Purna Decorous That he could not recognize the accused person who kept Piklu surrounded.