GAHC010195272017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRL.A(J)/32/2017 BIJAY SONAR VERSUS THE STATE OF ASSAM

2:SRI KUMUD DAS S/O-LT. PARIKHIT DAS R/O-BARPETA NEPALI BASTI P.S.-SARBHOG DIST.-BARPETA ASSAM Advocate for the Petitioner : MS B SARMA, AMICUS CURIAE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MR. JUSTICE ROBIN PHUKAN JUDGMENT & ORDER (CAV)

18-07-2024 [Robin Phukan]

Heard Ms. Bijita Sharma, learned Amicus Curiae for the accused/appellant.

Also heard Ms. S.H. Borah, learned Addl. P.P. Assam, for the state respondent.

2. This appeal, under section 374(2) Cr.P.C. is preferred from Central Jail, Jorhat by accused/appellant, namely, Shri Bijay Sonar against the judgment and order dated 04.01.2017, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 156(JJ) of 2014, arising out of Jorhat P.S. Case No. 1091/2013, under Sections 302/325/34 of the IPC. It is to be noted here that vide impugned judgment and order, the learned trial court had convicted the appellant, under Sections 302/323 of the IPC and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 15,000/- (Rupees Fifteen Thousand) only, in default, to suffer rigorous imprisonment for six months and further sentenced him to pay a fine of Rs. 1000/- (Rupees One Thousand) only, in default to suffer simple imprisonment for one month, under Section 323 of the IPC.

03. The background facts, leading to filing of the present appeal, under Section 374 (2) of the Cr.P.C. are adumbrated herein below:-

“On 16.08.2013, the informant Kumud Das and his younger brother Jayanta Das started off their journey for Kolkata in a Tanker, bearing registration No. WB-23-C-1238, loaded with chemicals, from a chemical factory in Namrup. On the way, his brother Jayanta Das had picked up three acquaintances of him, from an oil depot in Namrup and brought them to Sivasagar. Along the way, they had chatted and exchanged tobacco, betel nuts, etc. and also taken Roti, etc. in a Punjabi Hotel at Sivasagar. But, the acquaintance did not get down at Sivasagar saying that it would be inconvenient for them to go home at such late hours of the night and they continued to travel with them saying that they have acquaintances ahead of the road. Then at about 2-30 a.m., on 17-08-2013, his brother shouted as “O - Maa” and told him that he had been stabbed, and then he halted the vehicle. The accused assaulted him too before fleeing away from the scene through the window of the vehicle. Then he chased them, but could not succeed. Then he raised alarm, but no one came out. Then he took his brother in “108” (ambulance service) to the Civil Hospital, but, he died during the course of treatment at the Hospital. Then he learnt that the incident took place at Charigaon bye-pass, and that the name of one of the assailants is Naresh Das and he hails from Sonari Sapekhati and that the rest of the accused were his companions.

The informant then lodged an FIR (Exhibit-6) with the In-Charge (I/C), Bhogdoi Police Out Post, on 17.08.2013, and then the I/C Bhogdoi Police Out Post had recorded a General Diary Entry (GDE), being GDE No.- 460, Date- 17/8/2013, and forwarded the ejahar to the Officer-in-Charge (O/C) Jorhat P.S. for registering a case, under proper sections of law. In the meantime, the investigation was being taken up by S.I. Asan Ali Sheikh. On receipt of the ejahar, the O/C Jorhat P.S. had registered a case being Jorhat P.S. Case No.- 1091/2013, under Sections 302/325/34 I.P.C. Dated- 17.8.2013, and endorsed S.I. Asan Ali Sheikh to investigate the same.

The I.O. then visited the place of occurrence, examined the witnesses and prepared Sketch Map (Exhibit-7) and got the inquest held upon the dead body of deceased Jayanta Das by Executive Magistrate and collected the report, (Exhibit-2) and also got the autopsy conducted upon the dead body of the deceased, at Jorhat