RAJESH KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal from jail witnesses a challenge to the judgment and order dated 26.12.2003 recorded by the learned Addl. Sessions Judge (Ad hoc), FTC, Biswanath Chariali in Sessions Case No. 45/03 convicting the accused/appellant under section 302, IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs. 500, in default, to undergo R.I. for a further period of one month.

(2.) WE have heard Mrs. M. Buzarbaruah, learned amicus curiae for the accused/appellant and Mr. K.A. Mazumdar, learned Public Prosecutor, Assam.

(3.) THE learned amicus curiae has persuasively argued that the prosecution having failed to prove the charge against the accused/appellant, the impugned judgment and order, if allowed to stand, would be travesty of justice. According to her, there being no evidence whatsoever to establish the complicity of the accused/appellant with the alleged crime, his conviction is patently illegal. Without prejudice to the above, the learned amicus curiae has argued that the evidence of the prosecution witnesses not only would establish that the accused/appellant at the relevant point of time had been enjoying a cinema show with the informant and others, the Investigating Agency having failed to forward the allegedly seized wearing apparels and the 'dao' to the Forensic Science Laboratory for serological examination, the learned trial court was apparently in error in holding the accused/appellant to be guilty of the offence of murder. Mrs. Buzarbaruah has urged that not only there is no eye witness of the incident, the attempt on the part of the prosecution to rope in the accused/appellant on the basis of its plea that he had led the police to the discovery of his wearing apparel having been proved to be abortive, no other corroborative evidence being available, the learned court below ought to have acquitted him.