- (1.)This appeal is directed against the judgment and order dated 15.2.04, passed by the learned Addl. Sessions Judge (ad hoc) Sibsagar, in Sessions Case No. 32 (S-C)/ 2003. By the impugned judgment and order aforesaid, the learned Sessions Judge convicted the Appellants for the offence under Sections 302/34 IPC and sentenced each of them to suffer imprisonment for life and pay fine of Rs. 5,000/- each, in default, suffer rigorous imfaisonment for Anr. period of six months. Being aggrieved by the said conviction and sentence, the Appellants have carried the appeal to this Court.
(2.)We have heard Ms. M. Buzarbaruah, learned Amicus Curiae appearing on behalf of Ihe Appellants and Mr. Z. Kamar, learned Public Prosecutor for the State.
(3.)The prosecution case can be compendiously stated thus:
On 4.1.02 at about 6.30 p.m., while Sri SomoraTantubai(P.W. 2)and Sri Ramkumar alias Siba Charan (hereinafter called 'the deceased') were proceeding towards their houses, at a place near the ONGC oil dril site in village Rangapathar, the Appellants, namely, Sri Suhag Kalandi, who was armed with a dao and Sri Pichu Kalindi appeared on the road and Sri Pichu Kalandi ckised Sri Somora Tantubai making him to run away and the Appellant Sri Suhag Kalindi gave dao blows on the neck of the deceased. Sri Somora Tantubai (P.W. 2) rushed to inform the wife of the deceased. On being so informed, Smt. Pranati Kumari (P.W. 1), wife of the deceased, arrived in the place of occurrence. The wife of the deceased, after her (P.W. 1) arrival in the place of occurrence found her husband lying in injured condition. Leaving the wife of the deceased, in the place of occurrence, Sri Somora Tantubai (P.W. 2) proceeded to inform Lai Babu Kumar (P.W. 7), Tulsi Tantubai (P.W. 6) and Premnath Tantubai (P.W. 5). After about 15 to 20 minutes of her arrival there at place of occurrence the accused-Appellants arrived in the place of occurrence, and accused- Appellant Sri Suhag Kalandi took away the head of the deceased after severing the same. Thereafter, P.W. 2, being accompanied by the persons, informed by him, arrived at the place of occurrence and found the headless dead body of the deceased. On the same evening, at about 8.40 p.m., the accused-Appellant Sri Suhag Kalandi appeared in the Suffiy Police Outpost carrying a blood stained dao and severed head of a male person and introduced himself, to the Officer-in-charge (P.W. 14) of the police outpost, as Sri Suhag Kalandi and informed that he had killed a person, namely, Ramkumar @ Shibcharan Kumar, whose severed head he had carried to the police outpost. Accordingly, P.W. 14 entered the said information as G.D. Entry No. 52 of 2002 dated 4.1.02 (Exbt.7) and took the said accused into custody. The said police officer seized the dao (mechi dao), brought by the accused-Appellant Sri Suhag Kalandi and the blood stained trouser used by him. Thereafter, P.W. 14 proceeded towards the place of occurrence, at Rangapathar village, and found the beheaded dead body of the deceased, which was identified by the wife of the deceased. Accordingly, police registered a case and launched investigation into tlie matter. During the investigation, police prepared a sketch map, brought the beheaded dead body to the police station, held inquest in respect of the dead body as well as the served head, got the autopsy done and examined the witnesses. At the close of the investigation, police submitted chargesheet against the accused- Appellants under Sections 302/34 IPC and forwarded them to the Court to stand trial.