BUDHUA MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Indian criminal jurisprudence rests on cardinal principle that an accused shall be presumed to be innocent until the time he is proved guilty beyond all reasonable doubt. This basic tenet must be borne in mind by every Court exercising criminal jurisdiction.

(2.) This appeal has been preferred against the judgment and order, dated 3.11.96, passed by learned Sessions Judge, Tinsukia, in Session Case No. 32(T)/89, convicting the accused-appellant under Section 302/34 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.5000/- and in default, to suffer R.I. for a further period of 2 (two) years.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:- On 7.3.87, one Sri Ajoy Chakraborty of Ledo lodged a written ejahar (Ext. 1), at Ledo Police Outpost, alleging, inter alia, that on that very day i.e., on 7.3.87 at 8.30 p.m., his elder brother, Ashok Chakraborty, was found lying in a critical condition near his house with an iron arrow struck into his chest and, on being asked, the said injured disclosed that it was Budhuwa Mura, a resident of Natun Line of Ledo Tea Estate, who had shot him with arrow. Treating the said ejahar as First Information Report, Margherita Police Station Case No. 39/87 under Section 326 IPC was initially registered against the accused-appellant, namely, Budhuwa Mura. Later on, as the injured succumbed to his injuries, Section 302 IPC was added thereto and accused Mangra Mura was also impleaded as accused. Inquest was held over the said deadbody and post-mortem examination was also conducted thereon. During investigation, Police arrested the accused-appellant and, on completion of investigation, Police laid chargesheet against the two accused aforementioned under Section 302/34 IPC.