Jagadish Deori, S/o Sri Ramjoy Deori vs State Of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Gau) 941

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. KOTISWAR SINGH, SUSMITA PHUKAN KHAUND, JJ.
Sri Jagadish Deori, S/o Sri Ramjoy Deori – Appellant
Versus
The State Of Assam - Respondent
Crl.A.177 of 2016, 329 of 2018, 7, 90 of 2019, CRL.A.(J)89 of 2019
Decided on : 27-12-2022

Advocates:
Advocate Appeared:
For the Appellant : MR.U DUTTA
For the Respondent: MR. R DEV

Headnote:
Indian Penal Code, 1860 - Section 342, 323, 302, 34, 325, 307 – Criminal Procedure Code, 1973 - Section 313, 164, 161, 162, 357A - Indian Evidence Act, 1872 - Section 145, 134 – Offence Punishable – Claiming Compensation – Quashing of First Information Report - Attempt to murder – Offence of murder - Punishment for voluntarily causing hurt - Punishment for wrongful confinement - Recording of confessions and statements - Examination of witnesses by police - Several persons in furtherance of common intention - Punishment for voluntarily causing grievous hurt -Whether F.I.R. which has been formerly exhibited is first F.I.R. which portrays picture but said cannot be ascertained for reason that second FIR which was mentioned by PW2 has not been at all exhibited –Held, Court have noted that while convicting appellants, learned trail Court did not pass any order for payment of compensation to victim or his dependents as contemplated under Section 357A of Cr.P.C -Court have been also informed that there is a scheme prepared by State of Assam under sub-section 9 of Clause 5 of Assam Victim Compensation Scheme, 2012 as notified, which has also been revised and if that is so, let State verify if deceased had left any dependent or legal heir and if so, let compensation fixed by State in terms of aforesaid notification be paid to the dependent(s) or legal heirs of victim after making necessary verification - Aforesaid exercise will be carried out in association with North District Legal Services Authority at earliest and preferably within a period from date of receipt of a copy of this order - A copy of this order be furnished to Member Secretary, Assam State Legal Services Authority as well as Secretary, North District Legal Services Authority to assist State authorities in this regard – Ordered Accordingly.

JUDGMENT :

Susmita Phukan Khaund, J.

Heard Mr. U. Dutta, learned counsel for the appellant in Crl.A.177/2016; Mr. T.H. Hazarika, learned counsel for the appellant in Crl.A.329/2018; Mr. A. Ganguly, learned counsel for the appellant in Crl.A.7/2019; Mr. Azad Ahmed, learned Amicus Curiae in CRL.A.(J) 89/2019 and Mr. Mrinmoy Dutta, learned AmicusCuriaein CRL.A.(J)90/2019. Also heard Ms. B. Bhuyan, learned Senior counsel as well as the Additional Public Prosecutor, Assam for the State.

2. These five appeals, namely, Crl. Appeal 177/2016 filed by Jagadish Deori, Crl. Appeal 329/2018 filed by Babul Bora @ Boxon, Crl. Appeal 7/2019 filed by Punaram Kurmi, Crl. A (J) 89/2019 filed by Kano Bora @ Baba Gogoi and Crl. A (J) 90/2019 filed by Ghuron Gorh have been tagged and heard together as these appeals arose out of the same judgment dated 03.12.2014 rendered by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No.89(NL)/2011 by which the five appellants have been convicted for committing offence under Sections 342/323/302/34 of IPC acquitting one of the co-accused, Bijoy Pagag, of the aforesaid charges.

3. As we proceed to examine the grounds raised in this batch of appeals, it will be appropriate to briefly refer to the basic facts and evidences, which have been brought on record.

4. Criminal justice machinery was set into motion after a First Information Report was lodged on 16.09.2007 by one Md. Aizul Ali, complainant herein, who was examined as PW4 in the trial to the effect that at around 1.30 pm on 15.09.2007, some persons of a nearby village called his mother, Mustt. Jeleka Khatoon, his father Abdul Ali and elder brother, Tajabur Ali, from their house to a field near No.1 Panchnoi LP School where they were tied and assaulted leading to death of his father Abdul Ali and causing grievous injury to his mother Jeleka and elder brother Tajabur and they were left there.

5. On the basis of the said FIR, a police case being North Lakhimpur Police Station Case No.608/2007 under Sections 342/302/325/307/34 of IPC was registered.

6. On completion of investigation, 6 persons including the present appellants were charged for committing offences under Sections 342/302/323/34 of IPC. On being committed to the Court of learned Sessions Judge, Lakhimpur, North Lakhimpur, six accused including the present appellants were charged for committing the following offences:-

Firstly, that the appellants on 15.09.2007 at about 1.30 pm at Dijoo Chapari under North Lakhimpur PS in furtherance of their common intention wrongfully confined Abdul Ali, his wife Mustt. Jeleka Khatun and his son Md. Tajabur Ali @ Tajabur Islam in the field of No.1 Panchnoi LP School.

Secondly, that the appellants on the same day, time and place, in furtherance of their common intention had committed murder by intentionally/knowingly causing death of Abdul Ali, the father of the informant, Md. Aijul Ali.

Thirdly, that the appellants, on the same day, time and place, in furtherance of their common intention voluntarily caused hurt to Mustt. Jeleka Khatun and Md. Tajabur Ali and thereby committed an offence punishable under Section 323/34 of the IPC.

7. The prosecution examined as many as 13 witnesses. The accused-appellants were examined under Section 313 of Cr.P.C. All the accused, however, claimed that they were innocent and have been falsely implicated. They also declined to lead evidence in their defence.

8. On the basis of the evidence on record, learned Sessions Judge convicted the present five appellants as mentioned above and sentenced them to undergo Imprisonment for Life with fine of Rs.5,000/-(five thousand) only each, in default, to undergo rigorous imprisonment for 6 (six) months for the offence under Section 302/34 IPC. As regards commission of offence under Section 323/34 and 342/34 of IPC, they were sentenced to pay fine of Rs.1,000/-(One thousand) only, in default, to undergo simple imprisonment for 3 (three) months.

9. As we proceed to examine the appea