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5. Based on the charge-sheet submitted by the I.O. the learned trial court had framed charges against all the seven accused persons under sections 302/34 IPC. Charge was also framed against accused Mahesh Lahori under sections 324/380/34 IPC. Since the accused persons had denied the charges framed against them, they were made to face the trial. During trial, the prosecution had projected that the accused Rameswar Kakoti had hatched a conspiracy with the co-accused persons to commit the murder of Munindra Singha Lahkar. In furtherance of such conspiracy, three youths belonging to the "Bodo" community were hired as contract killers. On the day of the incident, accused Rameswar Kakoti had deliberately left the iron gate open allowing the three youths to enter the house of the deceased. On entering the house one of the boys had attacked the cook Deepak Nath by striking him on his head. The three boys then went upstairs following the accused Rameswar Kakoti and one of them shot the deceased by a pistol. The boys then fled the place. At the conclusion of trial the learned Sessions Judge had passed the impugned judgment Page No.# 6/37 and order dated 06.07.2015 convicting the accused Rameswar Kakoti under Section 302/34 of the IPC and accused Mahesh Lahori under Section 302/324/380/34 of the IPC. However, the co-accused persons viz., Akon Barman, Ashok Saloi, Bokul Boro, Promod Kalita and Pulin Sarmah were all acquitted of the murder charge due to want of evidence against them. The two appellants Rameswar Kakoti ad Mahesh Laori were sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.5000/- each for committing the offence under Section 302/34 of the IPC. Appellant Mahesh Lahhori was also sentenced to undergo three months rigorous imprisonment for committing the offence under Section 324 of the IPC and to undergo rigorous imprisonment for another two years and pay fine of Rs.2000/- for committing the offence under Section 380 of the IPC.

1. Omkar Namdeo Jadhao and others vs. Second Additional Sessions Judge, Bultana and another [(1996) 7 SCC 489].
2. S. Kaur (Smt) vs. Baldev Singh and others [(1997)11 SCCC 292].

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3. Dharmendrasinh alias Mansing Ratansinh vs. State of Gujarat [(2002) 4 SCC 679].

14. Arguing for the appellant in Criminal Appeal No.215/2017 Mr. P. Bora has contested that the learned court below has erred in law in acquitting the five accused persons by ignoring the fact that from the testimony of the I.O. (PW-16) the conspiracy angle and the involvement of the co-accused persons in commission of the offence has been firmly established. According to Mr. Bora, there was sufficient evidence available on record for the court to conclude that the three boys belonging to the "Bodo" community were engaged by Rameswar Kalita and the five acquitted accused persons as contract killers so as to eliminate Munindra Singha Lahkar due to some pending grudge against him associated with the running the Gas agency owned by the deceased.

35. In his deposition PW-16 has further stated that upon arriving at the Rangia P.S. he had interrogated Mahesh Lahori wherein he had confessed that he had accompanied accused Kabal Singh Basumatary and Terenam Boro and entered the house of Munindra Singh Lahkar in the evening hours of 13.12.2007; that they had shot Munindra Singh Lahkar dead; that it was Kabal Singh Basumatary who had fired the shot with a pistol and that they had assaulted the cook Deepak Nath. From the testimony of PW-16 it further appears that the accused Mahesh Lahori had told him that a conspiracy was hatched by Rameswar Kalita, Promode Kalita, Ashok Saloi and Akon Bora, the manager of the extension Branch of Binapani Gas Agency; that these Page No.# 27/37 four persons had entered into a deal with Terenam Boro, Kabal Singh Basumatary and he himself; that these four persons had agreed to pay a sum of Rs.5 lakhs to them. According to PW-16, accused Mahesh Lahori had also told him that a sum of Rs.1,50,000/- had already been paid to them through Rameswar Kakoti. Mahesh Lahori had also told him that he would be able to show the house of Kabal Singh and Terenam Boro. On the basis of such information two police teams were made ready. One of the team was led by the PW-16 while the Additional S.P. (Hdqr) Sapnil Deka had led the other team which went towards Goreswar in search of Kabal Singh Basumatary and Terenam Boro. The Additional SP took Mahesh Lahori along with him. PW-16 has stated that he went to Murara searching for Rameswar Kakoti. Upon finding him at home he had arrested Rameswar and on being lead by Rameswar Kakoti he went to the house of Promod Kalita and Ashok Saloi; arrested both of them and thereafter returned back to the Rangia Police Station for interrogation. PW-16 has further stated that during interrogation of the aforesaid arrested persons, they had confessed that in collusion with Akon Barman they had killed Munin Singh Lahkar by engaging contract killers and the names of three contract killers were Kabul Singhh Basumaytary, Terenam Boro and Mahesh Lahori. According to the PW-16, they had also confessed that a sum of Rs.5 lakhs was offered to the contract killers; Rameswar Kakoti has confessed that he had given Rs.60,000/-, Ashok Kalita had given Rs.35,000/-, Promod Kalita had given Rs.10,000/- and Pulin Sarma had given Rs.10,000/- to the three contract killers. He (PW-16) then went to the Binapani Gas Agency searching for Pulin Sarma and upon finding him there he had arrested Pulin and brought him to the Police Station. PW-16 has deposed that during interrogation, Page No.# 28/37 Ashok Saloi had also confessed that he had given Rs.35,000/-; Promod Kalita had also confessed that he had given Rs.10,000/- on 25.07.2008. He (PW-16) had again interrogated Mahesh Lahori in the Police Station regarding the mobile phone of Munin Singh Lahkar. At first Mahesh said that he had thrown the mobile phone into the river. However, after tough interrogation he had confessed that while in the Rangia P.S. under arrest, his wife had come there to meet him and then he had asked his wife to burn the mobile handset by breaking it and throw the same in the latrine. Upon receiving that information he had immediately rushed to the place of Mahesh Lahori and on being shown by Dipali Lahori (PW-10), seized certain articles from the tank of the latrine which are as follows :-

The I.O. has also stated that he had obtained the signature of Dipali Lahari (PW-10) in the seizure-list Ext-11.

36. In his elaborate testimony recorded before the court, the PW-16 has stated Page No.# 29/37 that accused Akon Barman had admitted that he, Rameswar Kakoti, Ashok Saloi, Promode Kalita and Bokul Boro had hatched a conspiracy to murder Munin Singh Lahkar and that he had paid Rs.40,000/- to the contract killers. In course of investigation he could also learnt that Akon Barman was the owner of the extension counter of Binapani Gas Agency; that as his business had prospered, Akon Barman had asked Munin Singh Lahkar to increase the number of cylinders; that Munin Singh Lahkar demanded a sum of Rs.1 lakh and the amount was paid to him but Munin Singh Lahkar did not deliver the cylinders; that a dispute had arisen between them over the aforesaid issue and a conspiracy was hatched to murder Munin Singh Lahkar for that reason. During his cross-examination by the defence side, the evidence adduced by the PW-16 could not be shaken and the witness remained firm.