TULYADHAR BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is presented to challenge the judgment and order dated 28.1.2005 in Sessions Case No.39 (S-S)/03 rendered by the Second Additional Sessions Judge, Sivasagar, whereby the two appellants have been convicted under Section 302/34 and sentenced to life imprisonment and to pay a fine of Rs.10,000/- each; in default 5 years rigorous imprisonment. For the second conviction under Section 201/34 of the IPC, the accused were sentenced to 5 years rigorous imprisonment and fine of Rs.5,000/- each; in default 2 years rigorous imprisonment. The sentences were ordered to run concurrently.

(2.) IN the FIR lodged at the Nitaipukhuri Police Out Post by Dilip Phukan (PW.1), it was alleged that on 9.1.2003 at about 7:30 P.M., when Anil Phukan, the elder brother of the informant entered the house of Tulyadhar Baruah for some reason, Tulyadhar Baruah and his younger brother Lakhi Baruah killed him. The incident came to light when Balin Lahan (PW.6) saw the bicycle of the informant borrowed by Anil Phukan abandoned, in front of Tulyadhar Baruah's house. Then inquiries were made and marks of blood in the varandah and inside Tulyadhar's house were found and sign of dragging was also seen. After further search, dead body of Anil Phukan was found with his hands tied and face down, in a nearby pond. On receipt of the information, the Nitaipukhuri Police Out Post GD Entry No.146/2003 dated 9.1.2003 was made and was forwarded to the jurisdictional Police Station and Demow PS Case No.2/2003 was registered under section 302/34 of the IPC.

(3.) IN the statement of the accused Lakhi recorded under Section 313 of Cr.P.C., he admitted that he killed Anil Phukan by dealing an axe blow and had dragged and thrown him in the adjacent pond. But he explained that Anil attempted to rape his elder brother's wife and when he tried to protect her, Anil tried to hack him with an axe and he in turn hacked Anil Phukan to death with the same axe by snatching it away from Anil. Similar plea of guilt was made by Lakhi in his confessional statement given before the Magistrate on 30.1.2003 (Exbt.12).