BIRBAL KAIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant is aggrieved by his conviction and sentence for an offence of murder by a judgment dated 23-8-2005 passed by the Sessions Judge, Karimganj, district Karimganj in Sessions Case No.10/2005.

(2.) FROM the evidence on record it appears that there was some rivalry between the appellant Birbal Kairi and Sri Kumar Bhar with regard to a girl named Rina Goala. This rivalry led to Birbal Kairi allegedly stabbing Sri Kumar leading to his death. Hence the conviction and sentence.

(3.) SRIKISHAN Bhar (the father of Sri Kumar) entered the witness box as PW-1 and substantially confirmed the statement given by him in his FIR. He explained the delay in lodging the FIR since he had to take his son to Silchar for treatment. He stated in his examination in chief that he found his son in Uma Shankar's house. He then took him to the Ratabari police station and then to the hospital (Ramkrishnanagar Govt Hospital) and eventually to Silchar. In his cross examination, he stated that he found his son in an unconscious state in Uma Shankar's house.