JAGDISH DEBNATH Vs. STATEOF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11.12.97 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 21(DH)/95, thereby convicting the accused appellant under Section 302IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine to suffer R.I. for another 3 (three) years.

(2.) Prosecution story of the case ih brief is that the three year son of the informant Sushil Debnath became untraceable since midday of 23.4.93. In the early morning of 24.4.93 a gunny bag containing the dead body of the deceased boy Tinku Debnath along with a paper slip was left in the courtyard of the complainant. Police was informed and during investigation and on the strength of the paper slip the appellant Jagadish Debnath was apprehended. The accused made a judicial confession which was recorded under Section 164 Cr.P.C. On completion of investigation was chargesheeted.

(3.) Learned Sessions Judge, Dhemaji tried the accused for the offence under Section 302 IPC. During investigation, as many as, 13 witnesses were examined on behalf of the prosecution and one witness was examined by the defence. There were, as many as, 6 Paper Exts. and 5 Material Exts. on behalf of the prosecution and one Paper Ext. on behalf of the appellant. On conclusion of trial the learned Sessions Judge convicted the accused under Section 302 EPC and sentenced him to suffer imprisonment for life and pay a fine of Rs. 10,000/-, in default to further imprisonment for 3 years. It was further provided that if the fine amount is realized it shall be paid to the father of the deceased.