KAJAL SEN Vs. STATE OF ASSAM
SUPREME COURT OF INDIA (FROM: GAUHATI)
STATE OF ASSAM
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Shah, J. -
(1.)The High Court of Gauhati in Criminal Appeal No. 102 of 1994 confirmed the judgment and order dated 7-7-1994 passed by the Additional Sessions Judge, Silchar in Sessions Case No. 9 of 1992 convicting the appellants for the offence punishable under Sections 302/149 and 148 of I. P. C. and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- each for the offence under Section 302/149, I. P. C. and further imposing sentence of one year rigorous imprisonment for the offence punishable under Section 148, I. P. C. That order is challenged by filing this appeal.
(2.)It is the prosecution version that deceased Dipak Deb alias Piklu, resident of Silchar went out for buying and chewing 'Paan (Betel)' at about 10 p.m. on 14-12-1990. On hearing his cry for help, brothers of the deceased went at the scene of the offence. It is their say that deceased Piklu was caught by the accused persons and at their instance, Nepal Dev (since deceased) gave a dagger blow on the left side of the chest of Piklu. The accused thereafter escaped. Deceased was taken to Civil Hospital at Silchar and subsequently shifted to Silchar Medical College Hospital. Dr. Debabrata Singh (PW 10) recorded the dying declaration of the deceased. On the next day, PW-5 Ranjan Dev, the elder brother of deceased lodged FIR before the Officer-in-charge Silchar Police Station. Piklu died on 17-12-1990.
(3.)It has been contended by the learned counsel for the appellant that so-called dying declaration is unreliable as it does not inspire any confidence. He further submitted that even if we take dying declaration as it is, it is inconsistent with what has been deposed by the eye-witnesses. The evidence of alleged eye-witnesses is not reliable as they refused to state correct facts on the day of incident and thereafter till 18-12-1990 despite the fact that the Investigating Officer wanted to record their statements on relevant dates.
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