JOGESWAR TELI @ SAHU JORHAT Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present Criminal Jail Appeal is directed against the judgment and order dated 18.07.2018, passed by the learned Additional Sessions Judge, Jorhat convicting the accused/appellant under Section 302, IPC and sentenced with default stipulation to undergo imprisonment for life and also to a fine of Rs. 15,000/-.

(2.) Briefly the facts stated is that Mr. Girish Sahu filed an FIR before the Teok Police Station that his sister, Daneswari Sahu, had been killed by her husband, Jogeshwar on 28.12.2015. He received the message telephonically. Matter was investigated and charge framed against the accused under Section 302, IPC. The accused, at the stage of CC denied the charge and pleaded not guilty. Altogether, 7 (seven) witnesses were produced by the prosecution, out of which 2 (two) witnesses were declared hostile by the prosecution. P.W.2 and P.W.5 were found to be hostile. There is no eyewitness in the instant case. The only eyewitness could have been Ramon Teli, son of the accused. However, the prosecution did not bring him as a witness. It could be for the obvious reason that the son did not want to testify against the father.

(3.) P.W.1, Girish Sahu, the brother of the deceased testified that his sister, Daneswari Sahu married the accused his brother-in-law in the year 2004. He got telephonic message that his sister was murdered in her matrimonial home from neighbouring person and on reaching the matrimonial home of his sister did not find her. Nearby persons informed him that the accused and dead body of his sister had been taken to the Police Station. He went to the Police Station and found his sister's dead body and was mentally very upset. He put his signature on an FIR that was already prepared by the VDP Secretary and he signed there as an informant and inquest over the dead body was conducted in his presence. He heard from the neighbouring people that there was quarrel between the accused and his sister before the occurrence. He also stated that he does not know whether his sister used to consume liquor.