ARJUN CH ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 24.12.2002 passed by the learned Sessions Judge, Lakhimpur at North Lakhimpur in Sessions Case No. 104 (NL) 2000 convicting the accused-Appellant Under Section 302 of the Indian Penal Code (hereinafter for short referred to as the I.P.C.) and sentencing him to suffer rigorous imprisonment for life and fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment for further five years constitute the subject matter of the instant appeal.

(2.) We have heard Mr. Ratul Goswami, learned Amicus Curiae for the Appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(3.) The prosecution case unveils with the F.I.R. dated 02.07.1998 lodged by one Shri Nipan Borah with the Officer-in-Charge, Dhakuakhana Police Station to the effect that his nephew Sri Jan Mani Bora while was sleeping in his shop located in front of the Shankardev High School in the night of 01.07.1998 was lured away by somebody and after being killed was thrown by the edge of a local Ghat. The F.I.R. revealed that the inhabitants of the place detected the dead body in the next morning, i.e. on 02.07.1998 and apprised the informant thereof On the basis of the said F.I.R., Dhakuakhana P.S. Case No. 139/1998 Under Section 302 I.P.C. was registered and investigation followed, where after, charge-sheet was laid against the accused-Appellant under the said provision of law. Eventually, charge was also framed against him Under Section 302 I.P.C. by the learned trial Court, to which he pleaded "not guilty" and claimed to be tried.