BIRSHA MURAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal appeal under Sec. 383 read with Sec. 374[2], Code of Criminal Procedure, 1973 ['the CrPC' or 'the Code', for short] from jail is directed against a Judgment and Order dtd. 7/3/2019 passed by the Court of learned Sessions Judge, Dibrugarh in Sessions Case no. 112/2015 [The State of Assam vs. Sri Birsha Murah]. By the said Judgment and Order dtd. 7/3/2019, the accused-appellant has been convicted for the charge of murder under Sec. 302, Indian Penal Code [IPC] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00, in default of payment of fine, to undergo rigorous imprisonment for another period of 1 [one] month. In addition, the accused-appellant has also been convicted for the offences under Sec. 325, IPC and Sec. 324, IPC. For the offence under Sec. 325, IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 5 [five] years and to pay a fine of Rs.1,000.00, in default of payment of fine, to undergo rigorous imprisonment for another 1 [one] month. For the offence under Sec. 324, IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 1 [one] year.

(2.) The case of the prosecution, in brief, was that on 22/3/2012, a First Information Report [FIR] was lodged before the In-Charge, Ghoramara Police Out Post by the informant-P.W.2 alleging inter alia to the effect that at around 07-00/08-00 p.m. on 21/3/2012, the accused persons, namely, [i] the accusedappellant, Sri Birsha Murah; [ii] Smti. Rambha Murah, wife of Sri Birsha Murah; and [iii] Sri Debra Murah, son of Sri Birsha Murah; all residents of Rachi Line, Ramai Tea Garden; got engaged in a dispute with [i] the brother of the informant-P.W.2, Bideshia Mirdha; [ii] Sri Shyamlal Mirdha @ Putlu Mirdha; and [iii] Smti. Lakhi Mirdha, wife of Sri Shyamlal Mirdha; residents of the same Line and in the process, the accused persons caused grievous injuries on them with axe and hoe. As a result, Bideshia Mirdha died on the spot. As Sri Shyamlal Mridha and Smti. Lakhi Mirdha sustained grievous injuries on their persons, they were undergoing treatment in critical conditions in the Assam Medical College and Hospital [AMC&H], Dibrugarh.

(3.) On receipt of the said FIR, the In-Charge, Ghoramara Police Out Post registered the same vide General Diary Entry no. 334 dtd. 22/3/2012 and forwarded the FIR to the Officer In-Charge, Lahowal Police Station for registering the same under proper Sec. of law. At the same time, the In-Charge, Ghoramara Police Out Post, Sri Bhupen Kumar Sarma, Sub-Inspector of Police [P.W.14] took up the investigation of the case. On receipt of the FIR, the Office In-Charge, Lahowal Police Station registered the same as Lahowal Police Station Case no. 38/2012, on 22/3/2012, for the offences under Ss. 302/326/34, Indian Penal Code [IPC] and entrusted the investigation to P.W.14.