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Gauhati High Court
Sreedhar Rao,Prasanta Kumar Saikia, JJ.
Sitesh Kanu and Ors. -Appellant
Versus
State of Assam -Resopndent
Crl. Appeal No. 189 of 2012
Decided On : 12-12-2013
Indian Penal Code, 1860 – Sections 323, 324, 302, 149, 147, 148 – Offence of Murder – Order of Conviction – police go to the spot and bring the dead body to the police station on the same day. – Injured Sambu Rajwar(PW5) and Amit Hazam(6) have been sent to a hospital for treatment On the next day inquest is held. – After the inquest the dead body was subjected to a post- mortem. – Autopsy report discloses that the death is on account of head injury. – Death is said to be homicidal. – Accused persons are charged for committing offences under sections 323/324/302/149 of the IPC. – Trial court on basis of ocular evidence of PWs 5, 6 and 8, coupled with the post-mortem report, has convicted all the accused persons, who are appellants herein, for the offences they are charged with. – Hence this appeal. – Held, There is a mention of his name and also the overt acts of assault on the deceased and as well on the PW5. Despite all the lapses in investigation - perhaps for mala fide reasons - court find that there is no reason to disbelieve the version of the PWs 5 and 6 in so far as the presence and participation of the accused 1 is concerned. – Medical report discloses that the death is homicidal. The evidence of PW5 is corroborated with the wound-certificate. – There is no reason to disbelieve the evidence of PWs 5 and 6 in so far as the guilt of the accused 1 is concerned. – Director-General of Police, Assam should take serious note of the observations made above to pull up the officer in-charge of the police stations and the superior police officers, including the Superintendents of Police, of the State - to ensure that the investigations are conducted with high degree of integrity and efficiency. – Appeal Partly Allowed
The material-facts of the prosecution case disclose that on 26.4.2004 at around 6 PM one Sankar Rajwar along with his brother Sambu Rajwar, and Amit Hazam were proceeding toward Dipak Rajwar's house at Janglitila. On their way the accused 1 along with 10-12 persons attacked them with an intention to kill them. Sambu Rajwar and Amit Hazam had successfully managed to escape in an injured condition and Sankar Rajwar (Hazam) was done to death. On the same day at around 6.30 PM one Sudarshan Duasad takes Sambu Rajwar(PW5) and Amit Hazam (PW6) to the Lala police station. General diary at exhibit-3 has been recorded by the P.W. 12 in the following manner:
No. 563
6.30 p.m..
Entry regarding the appearance of the injured persons and sending them to the hospital
Now, Sudarsan arrives at P.S. from Kaiya Bagan accompanied by injured persons viz (1) Sambhu Rajwar, S/o. Nimai Rajwar (2)Amit Hazam S/o. Lalbabu Hazam, R/o Jonglitilla Koiya. I came to know from injured Sambhulal that around 5.30/6 p.m.. when Sambhu Rajwar, Sankar Rajwar and Amit Hazam were going to the house of Dipak of Jonglitilla together to pay a visit, Lakhwa Rajwar of Kaiya line No. 7 along with some 10/12 other persons tried to kill them on the road. Two of them some how managed to escape in injured condition and their other companion Sankar Hazam is lying dead at the P.O. Upon receipt of that information I make a G.D. Entry and the injured persons are being sent to Lala Hospital for treatment under escort UBC(B) Aral Rajbongshi. And effort is on to take necessary steps for the deceased by visiting the P.O.
2. On 28.4.2004 one Narayan Rajwar, who is brother of the PW5, gives a complaint vide exhibit-1 in the following manner:
EJAHAR.
To
The Officer in Charge
Lala Police station
Dist. Hailakandi
Informant: Sri Narayan Rajwar
S/o. Lt. Nirmala Rajwar
R/o. Koya Tea Estate
P.S. Lala
Dist. Hailakandi.
Accused: 1. Lokwar Rajwar
2. Naba kr. Rajwar
3. Rajkumar Rajwar
4. Rajen Rajwar
S/o. Babulal Rajwar.
5. Matilai Rajwar
S/o. Lt. Bihari Rajwar
6. Babulal Rajwar,
S/o. Manbod Rajwar
7. Shital Rajwar
8. Monilal Rajwar
S/o. Lt. Falai Rajwar
9. Pabitra Rajwar,
S/o. Kewla Rajwar
10. Anantalal Kanu,
S/o. Not known.
11. Sitesh Kanu,
S/o. Joharlal Kanu
12. and a few others.
All are residents of Koiya (T.E.)
Sir,
Humble submission is that around 6 p.m.. on 26.4.04, my younger brother, Sambu Rajwar along with Amit Hazam and Sadhu Kurmi came to my house smeared with blood; and informed me that the above named accused persons had intercepted Sankar Rajwar on the road in front of Sital Rajwar's house at Janglitila and assaulted him with sharp weapons on various parts of his body with the intention to kill him and after inflicting severe injuries, felled him on the ground. When they went to save Sankar Rajwar, they also caused grievous injuries to them by assaulting with sharp weapons and then they left the scene. Accompanied by some neighboring people, when I arrived at the P/O/.
I found my brother Sankar Rajwar lying dead with grievous injuries on his person.
The name of the witnesses will come to light in course of investigation. Therefore, I request you to take necessary action in this regard.
N.B.: It is pertinent to mention here that since I was busy in the hospital with the injured persons, there is late in lodging the ejahar.
Ext. 1(1) Yours faithfully
Sd/- Illegible Sd/- Narayan Rajwar
Dist. & Sessions Judge
Hailakandi
Scribe: sd/- Illegible
28.4.04.
Received and registered Lala P.S.C. No. 73/04 dt. 28.4.04 u/s. 147/148/149/326/302 IPC vide G.D.E. No. 640.
Sd/- Purnananda Konwar, SI.
Seal
28.4.04.
3. One Purnananda Konwar, sub-inspector of police, on the basis of the exhibit-1, registered the FIR and submitted the same to a Magistrate. However, the investigation was taken up on the basis of the GD entry vide exhibit-3.
4. The police go to the spot and bring the dead body to the police station on the same day. The injured Sambu Rajwar(PW5) and Amit Hazam(6) have been sent to a hospital for treatment On the next day inques
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