BIRENDRA GOUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The conviction and sentence recorded by the Judgment and Order dated 30.04.2004 passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No. 19/2003, whereby the accused-Appellant has been found guilty of an offence under Section 302 of the Indian Penal Code and awarded sentence of rigorous imprisonment for life, as well as of fine of Rs. 5000/-. in default to undergo rigorous imprisonment to further 3 (Three) months is under challenge in the instant appeal from the Jail.

(2.) The run up of facts to the instant appeal, in short, is necessary. Lakhipur P.S. Case No. 170/2000 under Sections 302/34 IPC was registered on an FIR dated 26.06.2000 lodged by one Bangshilal Urang with the Incharge, Joypur Police Outpost alleging that in the previous evening that is, 25.06.2000 his brother Kalababu Urang while returning from Ainachara Market had been attacked by some miscreants with Dao and that he had succumbed to the injuries sustained. The FIR disclosed that the informant had been apprised of the incident by his co-villagers Shri Harilal Urang and Shri Sudur Gore who stated to have seen the deceased returning home with the accused-Appellant, also a resident of the same village. The informant in the FIR, on this premise expressed his doubt that the accused-Appellant might have caused his brother's death in-collusion with other accused.

(3.) On the completion of the investigation that followed, the police submitted charge-sheet under the above provisions of law against the accused-Appellant. He was also charged thereunder to which he pleaded "not guilty" and claimed to be tried.