JUDGMENT :

Achintya Malla Bujor Barua, J.

1. Heard Mr. AM Bora, learned senior counsel appearing for the appellants and Ms. S Jahan, learned Additional Public Prosecutor for the State of Assam.

2. As regards the informant/respondent No. 2, an affidavit by the Gaonburah of the concerned village namely, Krishna Timung is on record wherein it is stated that the informant Khorsing Terang died on 05.03.2016.

3. An ejahar dated 04.06.1996 was lodged by one Khorsing Terang, inter-alia stating that on 03.06.1996 when the informant and Rongbong Rahang were proceeding towards the Teron village, they saw that about 20/25 youths armed with dao, stick etc were sitting on the PWD road. As they came closer to the group of youths, they were attacked by them for no reason and the informant, Khorsing Terang managed to escape but his companion Rongbong Rahang died as a result of the attack. In the FIR, seven persons were identified to have been present amongst the group of people who had attacked. But when we go through the evidence of the investigating officer, PW-4 Seba Singh, we note that the investigation was started on the basis of a GD Entry No. 70 dated 04.06.1996.

4. We have verified the records and find that GD Entry No. 70 dated 04.06.1996 was entered at around 7 am in the morning. Records also indicate that immediately thereafter, the investigating officer proceeded to the place of occurrence and started the investigation. In view of the aforesaid materials on record, we do not accept the ejahar dated 04.06.1996 to be the first informant report, it being hit by the provisions of Section 162 of the Cr.P.C.

5. PW-1 Kamir Derapi in her deposition stated that she is the wife of Khorsing Terang who is the informant and on the day of the occurrence at around 6 to 7 pm, her husband and the deceased Rongbong Rahang proceeded to the Teron Gaon to bring some Sali Kathia but her husband did not return home on that night. At about 7 pm onwards, she heard some hullah and when in the next morning she went to the spot to know about the matter she found that Rongbong Rahang was lying dead with many injury marks on the body which were caused by lathi etc. She deposed that she then went to the Donkamokam police station at about 7 am and informed the matter and thereafter the police came to their house.

6. PW-2 Maizuddin Ahmed in his deposition stated that he was the In-charge at Donkamokam police outpost and that the matter was earlier investigated by Sub Inspector Seba Singh who was the then In-Charge of the police station and after his transfer the witness had taken over the investigation.

7. PW-3 Khorsing Terang who is the informant in his deposition stated that on the day of the occurrence he proceeded with his wife Kamir Derapi to the polling station for casting his vote and after returning from the police station at around 2 pm, he was with his wife till about 4 to 5 pm. After, reaching home, he came to learn that there was some tension between the ASDC and the Congress party workers. Thereafter, he took the deceased Rongbong Rahang to collect some Sali Kathia from the Teron gaon. When they reached near the village of Rongbong Timung Gaonbura, they saw a group of 25/30 people armed with lathi, rod and other weapons in their hands. The crowd suddenly attacked them and the witness could see one Hemari Bey hitting Rongbong Rahang with a rod on the backside of his head and as a result of which he fell down. The witness stated that the accused Sing Tisso had attacked him and then all the accused persons had hit him thoroughly. The witness stated that he did not see accused Karanga Terang hitting Rongbong Rahang. The witness being nervous fled away from the place of occurrence and although the attackers threw lathi, rods etc on him but it did not hit him and he ran fast. The witness also stated that Hemari Bey is no more. The witness stated that in the situation he fled to the nearby jungle and spend the whole night there and from that place, where he was hidi