BAP BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant herein stands convicted under Sec. 302 of the Indian Penal Code vide impugned judgment and order dated 29.1.2003 passed by the then Additional Sessions Judge (Adhoc) Jorhat in Sessions Case No. 46(J-J), 2001. Having so convicted for the offence of murder the appellant has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 10,000.00 with default stipulation of further three years rigorous imprisonment. Being aggrieved with the conviction and sentence the appellant has preferred this appeal.

(2.) Once the appeal was decided by a Division Bench of this Court and upheld the conviction, albeit reducing the reducing the amount of fine and default sentence, vide judgment and order dated 9.1.2006. The said judgment was challenged by the appellant before the Honourable Supreme Court in Criminal Appeal No. 1027 of 2010. The appeal was allowed vide order dated 7.5.2010 directing the High Court to hear the appeal afresh after appointing an Amicus Curiae for the appellant. 2(a). As per the direction of the Apex Court Sri Kamal Agarwal, Advocate was appointed as Amicus Curiae and he was heard on behalf of the appellant. We have also heard Shri Z. Kamar, learned public prosecutor for the State. We have also gone through the impugned judgment and the evidence preferred by the prosecution in the trial court. It may be mentioned here that the defence plea was of total denial and no evidence in defence was tendered.

(3.) As could be gather from the record, the prosecution examined altogether 11 witnesses to establish the offence. P.W. 1 is the father of the deceased. He was reported about the incident by P.W.3 that the appellant Bap Bora had injured his son. Hearing this news, P.W.1 came running to the place of occurrence and on being asked, his son replied that accused Bap Bora had assaulted him. In this way the deceased had made a dying declaration before his father.