NABIN CH BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 26.6.2000 passed by the learned Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 103 (D-M) of 1997. By the impugned judgment the learned Sessions Judge convicted the accused/appellant to undergo imprisonment for life and to pay a fine of Rs. 500/- in default, further rigorous imprisonment for one month.

(2.) The brief facts are as follows : On 7.9.96, the wife of one late Tania Boro lodged an ejahar before the Kharupetia Police Station to the effect that at about l0'O' Clock (night) on 6.9.96 two accused persons, namely, Kanta Boro and Nabin Boro assaulted her husband Tania Boro on the road and he was hacked to death by means of a dao and sickle. On this allegation police registered a case under Section 302 of the Indian Penal Code against the person, namely Nabin Chandra Boro and investigated the same and on completion of the investigation charge-sheeted the case against the accused Nabin Chandra Boroionly U/s. 302 of the Indian Penal Code. The learned Sessions Judge, Darrang at Mangaldoi framed a charge under Section 302 of the IPC against this accused and explained the same to the accused person to which the accused pleaded not guilty and accordingly the trial commenced.

(3.) PW-1 is Bireswar Sarma. He is not an eye witness to the incident. He only wrote the ejahar as told to him by the wife of the deceased. But he gave the description of the brutality of the murder as he found the deadbody by the side of the road. PW-2 is the wife of the deceased. She deposed that after hearing a commotion, she went to the place of occurrence and found that her husband's throat was cut. She saw no-one there. PW-3 is Minati Boro @ Minu. She also deposed that hearing a commotion, she went to the place and found the deceased Tunia Boro there. She did not know who killed Tunia Boro. PW-4 is Dr. Dhanjyoti Saikia and he conducted the past mortem examination and found the following injuries :-