GANESH JADAV Vs. STATE OF ASSAM
LAWS(GAU)-1994-11-18
HIGH COURT OF GAUHATI
Decided on November 10,1994

GANESH JADAV, HARIDHAR JADAV Appellant
VERSUS
STATE OF ASSAM Respondents





Cited Judgements :-

HAFIZ RASHID AHMED CHOUDHURY VS. MISSON RANJAN DAS [LAWS(GAU)-2002-4-35] [REFERRED TO]


JUDGEMENT

SANGMA, J. - (1.)These four Jadvs (Ganesh, Prodip, Prokash and Mohesh) brought this appeal from the judgment dated 28-9-92 of Sri IA Ansari, Sessions Judge, Karimganj, in Sessions Case No. 33/90 convicting u/S. 302/34, I.P.C. and sentencing each of them to RI for life. They are serving the sentence in jail.
(2.)At 12.15 PM of 2-7-85 PW-2 (Bechan Jadav) lodged an FIR which, in short, was as follows : At 6/6.30 a.m. of today, the 2nd Tuesday of July 1985, while my paternal uncle's sons- Rama Shankar Jadav and Uma Shankar Jadav were returning from their paddy field and reached near Maguracherra, the appellants and one son of Mohesh Jadav formed unlawful assembly and assaulted them with lathi jatha etc. killing Uma Shankar at the spot and grievously injuring Rama Shankar who, with injuries, fled away from the place to save his life. After sending the injured Rama Shankar to Karimganj Civi1 Hospital I have now lodged this ejahar at the PS for taking necessary steps. Sd/- Bechan Jadav.
(3.)On this FIR Ratabari PS registered case No. 158/85 on 2-7-85 u/S. 147/148/149/326/302, I.P.C. against the appellants and another who was the son of Mohesh Jadav. Immediately after registration the I/O (PW-10) came to the place of occurrence and prepared sketch map of the place of occurrence (Ext. 7) and seized blood stained Banian from the wearing of Uma Shankar (deceased) by a seizure list, Ext. 2. On that day itself he examined PWs. 1 and 2. Thereafter he examined PW-3 on 4-7-85 and PW-4 on 5-7-85. On 15-7-85 Rama Shankar died in the hospital and ASI Ajit Kr. Dhar prepared inquest report (Ext. 3) on his dead body. After the occurrence all the named accused absconded from the village. Mohesh and Rajesh surrendered before the Court of CJM on 26-7-85 The I/O arrested Pradip on 27-7-85 and on that day seized a ballam (spear) jetha, two lathis of baroa bamboo in presence of PW-9 (Rosamai Namasudra) by a seizure list, Ext. 5. It was noted in the seizure list that these weapons were seized on being produced by Pradip Jadav. He also seized one bamboo lathi and one talwar (sword) from the house of accused Mohesh by a seizure list, Ext. 6 on 27-7-85. In this seizure list it was noted that the weapons were produced by Pradip. Thereafter Ganesh surrendered on 1-10-85 and at last Prakash also surrendered on 11-2-86. After completing Investigation the I/O submitted a charge sheet u/S. 147/148/149/302, I.P.C. against the four appellants and Rajesh Jadav. The CJM, Karimganj, committed the case on 21-7-90 to Sessions Court, Karimganj, for trial.


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