TITUL BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 23.04.2018, passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 48(S-C)/2010, convicting the appellant and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 30,000/- under Section 302 of the IPC, in default of payment of fine, rigorous imprisonment for 6 (six) months.

(2.) The case for the prosecution is that the accused-appellant, Akanijan @ Titul Baruah, at about 9:00 pm on 13.01.2010, went to the residence of the victim, Purnima Hatimuria (mother-in-law of the informant/PW1), and banged on the doors and windows of her house to which the victim/Purnima did not respond. The domestic help of Purnima, namely, Puja Garh/PW2 had seen through the hole of the window that the appellant Titul was banging on the doors and the windows. Thereafter, the victim went out in search of the thief who had stolen away some of her chickens. Then, the appellant had hacked the victim Purnima with a machete on her head, face and hand ultimately, resulting in her death.

(3.) On receipt of the FIR, the Mathurapur Police Station registered a case, being No. 08/2010 under Sections 302/34 of the IPC, and investigated into it. After completion of investigation, charge-sheet was laid against the accused-appellant Titul Baruah and another namely, Papu Gogoi under Sections 302/34 of the IPC. Accused Papu Gogoi was sent to the Juvenile Justice Board, Sivasagar as he was found to be a juvenile-in-conflict with law. A formal charge under Section 302 of the IPC was framed against the appellant Titul Baruah to which he pleaded innocence. Hence, the trial.