GUWAHATI, India, June 18 -- Gauhati High Court issued the following order on May 20:
1. This criminal appeal from jail under Section 383, Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short] is directed against a Judgment and Order dated 20.11.2019 passed by the Court of learned Additional Sessions Judge - II [FTC], Tinsukia in Sessions Case no. 103[T]/2012. By the Judgment and Order dated 20.11.2019, the accused-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another year. It has been provided that the period of detention already undergone by the accused-appellant shall be set-off against the sentence of imprisonment under Section 428, CrPC.
2. The prosecution case is that on 09.08.2009, a First Information Report [FIR] was lodged by the informant, Surjya Mohan Tanti [P.W.3] before the Officer In-Charge, Doomdooma Police Station. In the FIR, the informant [P.W.3] had inter alia alleged that at about 10-30 p.m. on 08.08.2009, four accused persons, namely, [i] the accused-appellant, Bijoy Krishna @ Mela [hereinafter also referred to as 'the appellant' or 'A-1, at places, for short']; [ii] Bishal Krishna @ Bom ['A-2']; [iii] Anit Krishna ['A-3']; and [iv] Pinku Krishna @ Tinku ['A-4']; who were brothers, got engaged in an altercation with Dasaru Tanti, a resident of Mankhowa Tea Estate, Prem Nagar Basti. The deceased, Dasaru Tanti was an elder brother of the informant's wife. According to the informant, the altercation arose due to a domestic matter. In the altercation which occurred at Line no. 15, the accused persons assaulted Dasaru Tanti and caused grievous injuries on his head and face. As a result, Dasaru Tanti died on the spot. It was further alleged that the mother of the deceased, Paikon Tanti [P.W.2] was also assaulted along with him.
3. On receipt of the FIR, the Officer In-Charge, Doomdooma Police Station registered the same as Doomdooma Police Station Case no. 303/2009 under Section 302, IPC read with Section 34, IPC and the investigation was entrusted to one Babu Singh [P.W.10], a Sub-Inspector of Police attached to Doomdooma Police Station.
4. During the course of investigation, the I.O. [P.W.10] arrested three of the four accused persons, A-1, A-2 & A-3 and after arrest, they were forwarded to the Court. However, the I.O. could not arrest the fourth accused person viz. Pinku Tanti @ Tinku [A-4]. In the course of investigation, the I.O. visited the Place of Occurrence [P.O.] at Line no. 15 of Mankhowa Tea Estate and recorded the statements of the witnesses under Section 161, Cr.P.C. The I.O. prepared a Sketch Map of the P.O. [Ext.-7] and also conducted the inquest proceeding on the deadbody of the deceased through an Executive Magistrate who after inquest, submitted an Inquest Report [Ext.-2]. The Post-Mortem Examination [PME] on the deadbody of the deceased was performed at Tinsukia Civil Hospital on 09.08.2009. After completing investigation into the case, the I.O. submitted a charge sheet under Section 173[2], CrPC vide Charge Sheet no. 254 on 30.11.2009 finding a prima facie case against all the four accused persons, named in the FIR, for committing the offence under Section 302, IPC read with Section 34, IPC. In the Charge Sheet, the I.O. mentioned that despite efforts, the accused, Pinku Tanti @ Tinku [A-4] could not be arrested by him. The I.O. made a prayer in the Charge Sheet to declare the accused, Pinki Tanti @ Tinku [A-4] as an absconder.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dwmLlCifwyXIm2eyWjmvF9c7PKVSCoAIMmVWy5SJQapf&caseno=CRL.A(J)/93/2020&cCode=1&cino=GAHC010190212020&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
