Criminal AppealNo. 192of 2015. Case: Pradip Gowala Vs State of Assam. Gawahati High Court

Case NumberCriminal AppealNo. 192of 2015
CounselFor Appellant: Mr. S. R. Gogoi and Mr. NK Deka, learned counsel. and For Respondent: Mr. Dhanesh Das, learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal Code - Section 302
Judgement DateSeptember 06, 2016
CourtGawahati High Court

Judgment:

Mr. Ajit Singh, C.J

  1. Appellant Pradip Gowala has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation. The trial court has, however, acquitted co-accused Naren Moran of the same charge.

  2. The victim of the incident was Rajib Moran, aged about 25 years.

  3. According to the prosecution case, on 30.4.2012 around 2 p.m., Rajib Moran left his home on a bicycle with one plastic bag to buy some articles. But, he did not return home till 1.5.2012. Therefore, a search was made by his family members. During search, the family members found the bag of Rajib Moran near the Tea Garden of appellant. The family members also found some places there soiled with blood. On further search, body of Rajib Moran was found in the midst of tea bushes at Section No.I of Rupai Tea Estate. Brother Dhiren Moran (PW-1) of Rajib Moran made the ejahar exhibit 1 at Police Station Baghjan. The police reached the spot along with Circle Officer Madhumita Nath and prepared the inquest report. The police then seized khukhri and bicycle which were lying by the side of dead body of Rajib. The Police also seized one plastic bag vide exhibit 3 of Rajib lying in the garden of appellant.

  4. Dr. Nirod Kumar Borah (PW-12) conducted the post mortem examination on the dead body of Rajib. He found many cut injuries on the body and opined that cause of death was due to multiple cut injuries.

  5. The police after investigation charge sheeted the appellant along with Naren Moran for committing the murder of Rajib.

  6. Duringthe trial, both appellant and Naren Moran abjured their guilt and pleaded false implication. But the trial court believed the prosecution case and convicted and sentenced the appellant as aforesaid.As mentioned above, the trial court acquitted co-accused Naren Moran of the charge.

  7. After hearing the learned counsel for the appellant and Additional Public Prosecutor, we are of the considered view that the appeal deserves to be allowed. There is no eye witness to the incident. Not one witness examined by the prosecution has said that appellant was seen with Rajib anywhere before the incident what to speak of at or near the place where his body was found. Mere finding of one plastic bag of Rajib in the compound of appellantcannot lead to conclusion that he alone committed his murder. It is also to be seen that dead body of Rajib was found in the midst of tea bushes at Section...

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