SUMAN RAJOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 8.12.2003 passed by the learned Additional Sessions Judge, (Ad-hoc), Sivasagar, in Sessions Case No. 23(S)-S/2003, convicting the accused appellant under section 302 / 201 IPC and sentencing him to suffer imprisonment for life and to pay a fine of ' 3,000.00, in default of payment of fine, to undergo rigorous imprisonment for six months for committing the offence under section 302 IPC and to undergo rigorous imprisonment for 5 years and to pay a fine of '2,000.00, in default of payment of fine, to undergo rigorous imprisonment for four months for committing the offence under section 201 IPC.

(2.) ONE Shri Sankar Kurmi who at the relevant point of time, was the Secretary of the Kaliapani Gaon Village Defence Party, lodged an ejahar before the Office-in-Charge, Geleky Police Station, on 27.3.2002, stating that the wife of the appellant, namely, Sabita Rajowar was missing for quite some time and to discuss the matter, a meeting was held in the village and in the said meeting, the appellant had confessed that he had killed his wife and also had buried her dead body. Accordingly, Geleky Police Station Case No 18/2002 under sections 302 / 201 IPC was registered. After completing the investigation, the investigating officer laid the charge sheet dated 30.9.2002 against the appellant for having committed offences punishable under sections 302 / 201 IPC. The case being exclusively triable by the Court of Sessions, the learned Chief Judicial Magistrate, Sivasagar, committed the case to the Court of Sessions, Sivasagar, where initially Sessions Case No 20(S)-S/2003 was registered. Charge under sections 302/ 201 IPC was framed against the appellant. The charge being explained to him, the appellant pleaded not guilty and claimed to be tried. Subsequently, the record of the Sessions Case was transferred to the Court of the learned Additional Sessions Judge, (Ad-hoc), Sivasagar, wherein Sessions Case No 23(S)-S/2003 was registered.

(3.) PW- 2 who is also a villager, has more or less echoed the version of PW- 1 upto the confession made by the appellant in the police station. According to him, the Officer-in-Charge of the police station asked him to come to the house of the appellant on the next morning and he had accordingly visited the place in the next morning. On being pointed by the appellant the place where he buried Sabitri, her dead body was exhumed by the Sweeper. He was also a witness to the Ext- 2 and the inquest report, Ext- 3.