SUSHIL SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused/appellant who is in jail has been convicted under Section 302 IPC by the judgment and order dated 17.12.2003 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 167/2000. He has been sentenced to undergo R.I. for life and to pay a fine of Rs. 5000/-, in default, to suffer R.I. for two years more. Aggrieved, this appeal has been filed. The short case of the prosecution is that on 26.4.2000 at about 11.30 a.m. P.W.1, Mrinal Das lodged a FIR in the Duliajan Police Station stating that on the same day at about 8.30 a.m. one of the labourers engaged by him, namely, Sushil Saikia had killed one Sabha Keot who was working in the house of the first informant for about four years. In the FIR filed, it was mentioned that the accused had hacked the deceased on the neck with an axe and, thereafter, had run away from the place of occurrence.

(2.) On receipt of the aforesaid FIR, Duliajan P.S. Case No. 46/2000 under Section 302 IPC was registered. P.W.4, Surjya Neog, S.I, of Police was entrusted with the investigation of the case. In the course of the investigation police party visited the place of occurrence and prepared a sketch map thereof. Inquest was held on the dead body which was also sent for post mortem examination. The alleged weapon of assault i.e. an axe was seized by seizure list (Exhibit-3). Thereafter, on receipt of the post mortem report and on completion of the investigation, chargesheet was submitted against the accused/appellant under Section 302 IPC. The offence alleged being exclusively triable by the Court of Sessions, the learned SDJM, Dibrugarh vide order dated 16.10.2000 committed the case for trial to the Court of Sessions at Dibrugarh. In the Trial Court charge under Section 302 IPC was framed against the accused/appellant to which he pleaded not guilty and claimed to be tried. Seven witnesses in all were examined by the prosecution. The defence did not adduce any evidence. However, in the statement of the accused/appellant recorded under Section 313 Cr.P.C. he denied any involvement in the offence alleged. Thereafter, at the conclusion of the trial the accused/appellant has been convicted and sentenced as aforesaid giving rise to the present appeal.

(3.) P.W.1, Mrinal Das, the first informant, in his deposition had stated that on the date of occurrence the deceased had gone to cut firewood in the orchard owned by him. After about an hour and half one Lakheswar Mura (P.W.2) came and reported to P.W.1 that the accused/appellant had cut the deceased with an axe. On receipt of the said information P.W.1 went to his orchard and found the dead body of the deceased lying on the cross road of the village which is at a distance of about 200/300 meters from the orchard. According to P.W.1, he saw cut injuries on the neck of the deceased. Thereafter, P.W.1 along with Lakheswar Mura (P.W.2) and one Anup Keot (P.W.3) went to the Duliajan Police Station and lodged the FIR. P.W.1 had further deposed that along with the police party he had gone to the orchard and there they found the axe which was carried by the deceased while going to the orchard. According to P.W.1, the said axe was seized by the police vide seizure list- Exhibit-3.