BHOLA TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment dated 20.2.2006 passed by the learned Addl. Sessions Judge No.2, Tinsukia in Sessions Case No. 132(T) of 2005 is under challenge in this appeal. By the aforesaid judgment, the appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life and also to pay fine of Rs.5,000/- with a default sentence of further RI for six months.

(2.) We have heard Sri PN Choudhury, learned Amicus Curiae for the appellant and Mr. D. Das, learned Addl. PP for the State. We have also gone through the impugned judgment and the prosecution witnesses proffered by the prosecution in the trial court as well as the statement of the accused, given under Section 313 of the Criminal Procedure Code,1973.

(3.) The gist of the prosecution case is that both the accused and the deceased were working as a garden labour at Kachujan Tea Estate in Tinsukia District. Their quarters though situated in the same line but it was divided by a sub-line. The incident had taken place almost in front of the sub-line, but it was slightly towards the quarter of the accused. The offence of alleged murder was committed on 14.4.2005 at about 7.30 PM. The FIR was lodged by the son of the deceased on the same night at about 10.00 PM, the name of the appellant was specifically mentioned as an assailant. The FIR was registered as Tinsukia PS Case No. 155 of 05 under Section 302 IPC and after the charge sheet trial was held and finally the accused has been convicted for the offence of murder.