KESHAV RAVA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and sentence dated 9-3-2004 passed by the learned Addl. Sessions Judge No. 1, Tinsukia in Sessions Case No. 34(M)/2002. In our opinion, the learned Judge ought not to have convicted the Appellant for an offence under Section 302 of the IPC.

(2.) The First Information Report (FIR) was made by Lambodar Bora on 16-11-1991. He stated that at about 10.30 PM on 15-11-199, he was informed by Parimal Dutta that Keshav Rava (the Appellant) had proceeded towards the room of Haladhar Laskar, Sub Divisional Police Officer (SDPO) with a rifle in his hand. On receipt of this information, he (Lambodar Bora) asked the Appellant to descend from the door step. Instead of doing so, the Appellant pointed his rifle at him. Lambodar Bora then went to the rear of the room of the SDPO and requested him not to exit from the front side. While the SDPO was coming out from the rear of the room, Lambodar Bora heard a gun shot followed by two more gun shots. At that time, the SDPO ran away while Lambodar Bora remained holed-up inside the room (although he says in his evidence that he too ran away). Later, the officer-in-charge of the Margherita Police Station arrived at the spot and it was then discovered that PSO Havildar Sombhu Ram Neog was lying dead. According to Lambodar Bora, Sombhu Ram Neog died as a result of firing by the Appellant.

(3.) Significantly, there is no eye witness to the shooting or killing of Sombhu Ram Neog. The case is based on circumstantial evidence.