HARENDRA NATH BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of the Guwahati High Court upholding appellant's conviction under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of imprisonment for life as awarded by the learned Sessions Judge, Dhemaji. Accusations which led to the trial of the appellant are essentially as follows:

(3.) The aforesaid information was registered. The investigation was undertaken and charge sheet was placed. The accused was absconding and, therefore, no test identification parade could be held. On conclusion of investigation, the Investigating Officer submitted the charge sheet indicating commission of offence punishable under Section 302 IPC. Charge was framed after he was arrested. In order to substantiate its accusations 16 witnesses were examined. The accused pleaded innocence. On analysis of the evidence tendered, the Trial Court found the accused guilty and convicted and sentenced as aforesaid. An appeal was preferred before the High Court. The main stand of the accused-appellant was that the evidence of the eye witnesses cannot be relied upon as there was delay in lodging the FIR, and conviction was vitiated. Further no sanction was obtained as required under Section 197 of the Code Of Criminal Procedure, 1973 (in short the 'Code'). The stand of the respondent-State on the other hand was that the evidence of PWs. 5, 6 and 7 had clearly established the accusations. It was submitted that the deceased was assaulted without any fault on his part. Further, it was pointed out that since the appellant, a police personnel was involved there was effort on the part of the other officials not to accept the information given and ultimately the grievance was made before the Superintendent of Police. The High Court found that the evidence of the three witnesses who were stated to be eye witnesses left no manner of doubt that the accused was guilty. Therefore, the appeal was dismissed.