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2016 DIGILAW 907 (GAU)

Anil Rabidas v. State of Assam

2016-10-03

AJIT SINGH, N.CHAUDHURY

body2016
JUDGMENT & ORDER : N. Chaudhury, J. The judgment and order dated 20.11.2014 passed by learned Sessions Judge, Golaghat, in Sessions Case No.1/2013 has been called in question by the two appellants herein. Both the appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and they have been sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.5000/- each, in default to undergo further rigorous imprisonment for one year. 2. The prosecution story is that on 25.10.2012 at about 6.00 p.m. informant Rajib Rabidas informed the Officer-in-charge of Dergaon Police Station over telephone that some people had assaulted and caused grievous injuries to his elder brother Dilip Rabidas and that he was taken to K.K.Civil Hospital at Golaghat where doctor declared him dead. Recording G.D. Entry No.836 at that time the Second Officer of the Police Station proceeded to the place of occurrence along with the Officer-in-charge and arrested one Binod Rabidas and Jan Rabidas. A formal ejahar was lodged by Rajib Rabidas on the following day at about 9.00 a.m. wherein it was stated that Jan Rabidas, Binod Rabidas, Anil Rabidas and Bhubeswar Rabidas assaulted his elder brother Dilip Rabidas in front of the house of Milan, Debaru Mirdha and Pona Mirdha and consequently Dilip Rabidas died. He was taken to Civil Hospital at Golaghat but the doctor declared him dead. Pursuant to the written ejahar and the earlier G.D. entry Dergaon Police Station Case No.338/12 under Sections 341, 302 read with Section 34 of the Indian Penal Code was registered and investigation held. On 26.10.2012 the Investigating Officer examined all the witnesses at the place of occurrence and after having obtained the inquest report and the post mortem report submitted Chargesheet No.197/12 on 13.11.2012 before the Sub-Divisional Judicial Magistrate (S), Golaghat, against all the accused persons. Out of them accused Binod Rabidas and accused Bhubeswar Rabidas were found to be juvenile in conflict with law and thereupon they were forwarded to Juvenile Justice Board for necessary action. The Sub-Divisional Judicial Magistrate by his order dated 19.12.2012 committed accused Anil Rabidas and Jan Rabidas to the Court of Sessions for trial whereupon charge under Section 302 read with Section 34 of the Indian Penal Code was framed against them by the learned Sessions Judge, Golaghat in Sessions Case No.1/2013. The Sub-Divisional Judicial Magistrate by his order dated 19.12.2012 committed accused Anil Rabidas and Jan Rabidas to the Court of Sessions for trial whereupon charge under Section 302 read with Section 34 of the Indian Penal Code was framed against them by the learned Sessions Judge, Golaghat in Sessions Case No.1/2013. Both the accused persons pleaded not guilty and claimed to be tried. 3. Prosecution examined seven witnesses thereafter including the investigating officer and the medical officer and exhibited eight documents. Relying on these materials and after examining the accused persons under Section 313 of the Code of Criminal Procedure the learned Sessions Judge held both accused Anil Rabidas and Jan Rabidas guilty of committing offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs.5000/- each, in default to undergo further rigorous imprisonment for one year by his judgment and order dated 20.11.2014. This judgment has been called in question in the present appeal. 4. We have heard Mr. U. K. Barman, learned counsel for the appellants and Mr. N. K. Kalita, learned Additional Public Prosecutor, Assam for the State. We have also perused the records. 5. The prosecution is based on the testimony of four eye-witnesses, namely, PW 2 (Bhola Rabidas), PW 3 (Khogen Rabidas), PW 4 (Rajib Rabidas) and PW 5 (Habia Rabidas). The occurrence took place on 25.10.2012 immediately after the Durga Puja festival ended. At the time of occurrence the eye-witnesses were standing in front of various shops around the place of occurrence. PW 2, Bhola Rabidas, was in the shop of Ghanashyam Jaiswal when he saw his uncle Dilip Rabidas was going to the shop of Anil Rabidas. Accused Anil pushed him from behind in between two shops whereupon he fell down. Thereafter Anil Rabidas assaulted him. Accused Jan assaulted with a piece of bamboo in his hand on the head of Dilip and Anil assaulted him with a lathi. Thereafter all the accused persons fled and the victim died on the spot. PW 2 called his relatives who brought the victim to Golaghat Police Station. According to him, Jan Rabidas engaged the rest of the accused persons to assault Dilip. In course of cross-examination he disclosed that it was not yet dark and the lamps were not lit. Thereafter all the accused persons fled and the victim died on the spot. PW 2 called his relatives who brought the victim to Golaghat Police Station. According to him, Jan Rabidas engaged the rest of the accused persons to assault Dilip. In course of cross-examination he disclosed that it was not yet dark and the lamps were not lit. The occurrence took place at the Chariali near the shop. There was none at the time of the incident. Other persons gathered while the incident was occurring. 6. PW 3, Khagen Rabidas, is yet another eye-witness to the occurrence. He is the younger brother of the deceased. At the time of occurrence the deceased was coming to Chariali from his house and the PW 4 was coming from Rangamati. He met his elder brother at Chariali. When he was moving towards his house, accused Jan alias Gobin and Anil and others came out and started assaulting his brother Dilip with lathi. Hearing the hue and cry he looked back and saw all the accused persons were running away after assaulting his elder brother. He saw the victim fell down there from a distance of about 10 nals. Blood came out through his mouth and nose. Then the victim was taken to hospital by a vehicle of the Tea Estate and he died on the way. In course of cross-examination he stated that his elder brother could shout once on being assaulted. 7. PW 5, Habia Rabidas, was standing in front of the shop of Ghanashyam. The shop was closed and he was waiting for purchasing some goods. At that time he saw victim Dilip coming on foot, crossed him and crossed the Chariali. At that time accused persons came and assaulted him with lathi due to which the victim fell down on the ground and he went in a run. He claimed to have seen the incident from a close distance. He held the victim, blood was coming out and he died on the way to Golaghat Civil Hospital. 8. PW 1, Dr. Manjula Hazarika, is the doctor who conducted post mortem examination on the dead body of the deceased and she found depressed fracture over frontal bone with underlying haematoma. There was another fracture over left parietal bone with underlying haematoma and vertebrae were found in tact. 8. PW 1, Dr. Manjula Hazarika, is the doctor who conducted post mortem examination on the dead body of the deceased and she found depressed fracture over frontal bone with underlying haematoma. There was another fracture over left parietal bone with underlying haematoma and vertebrae were found in tact. According to her, the fracture wounds were grievous in nature and good enough to cause death. 9. Having seen the injuries sustained by the deceased it appears that the ocular evidence of all the witnesses is supported by the medical evidence. All the witnesses have equivocally deposed that they saw Anil and Jan assaulting Dilip. Both Bhola and Khagen were present near the place of occurrence and both of them testified that first Anil pushed Dilip from behind and then Jan gave a blow with his lathi when Dilip tried to stand up. Then Anil also gave lathi blows. Rajib, who crossed Dilip on his way home, saw the appellants fleeing the place of occurrence when he looked back. He testified that the appellants fled away leaving Dilip bleeding and injured after assaulting him with lathis. Habia also corroborated the evidence of Bhola and Khagen. He also testified that he saw the appellants hitting Dilip on his head with lathis and fleeing the place of occurrence. 10. All the eye-witnesses were present at the time and place of occurrence when the occurrence took place and their evidence is not shaken during their cross-examination. They testified that Anil pushed Dilip and he fell on the ground when Jan hit him followed by Anil. They attacked Dilip without any provocation and it is clear that the assault was a premeditated one. Although Bhola and Rajib are related to Dilip, their evidence cannot be discarded for that ground alone inasmuch as the same is reliable, trustworthy and consistent, corroborating each other on material particulars. From a close scrutiny of their evidence, it can be safely held that both Anil and Jan alias Gobin assaulted Dilip with common intention to cause grievous hurt on his person without any provocation on the part of Dilip and hit him on his head with lathis resulting his instantaneous death. The assault was with such a force that the bones of the skull of Dilip got fractured and according to the medical evidence the same was sufficient to cause death to a person in a normal course. The assault was with such a force that the bones of the skull of Dilip got fractured and according to the medical evidence the same was sufficient to cause death to a person in a normal course. Therefore, it can be safely held that both Anil and Jan were the perpetrators of the crime and they assaulted Dilip knowing fully well that such assault with immense force on the vital part of the body might cause his death and as such the trial Court rightly passed the impugned judgment of conviction. Hence the same does not warrant interference. 11. Consequently, the judgment of conviction and sentence is hereby affirmed. The appeal is dismissed. Send down the records.