BHOLEN BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 12.07.2005, passed by the learned Sessions Judge, Kamrup, at Guwa-hati, in Sessions Case No. 1(K)/2004 (arising out of G.R. Case No. 4480/2002), whereby and whereunder, the learned Sessions Judge, Kamrup, convicted Shri Bholen Boro (hereinafter called the "appellant") under Section 302 of the Indian Penal Code (in short, "IPC") and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 3,000.00, in default suffer rigorous impri-sonment for another period of 1(one) year for his conviction under Section 302 IPC.

(2.) Prosecution case, in brief, is that in the evening of 11.09.2002, at about 8.00 p.m., the informant's husband, Narayan Boro (in short, "deceased"), while returning home from market, was assaulted by some miscreants in front of the gate of his house. Hearing scream of her husband aforesaid, the informant came out from her house and saw the deceased, lying unconscious, in injured condition. In the focus of torch tight, she saw the appellant running away from the place of occurrence. The deceased was taken to the Hospital, but he succumbed to the injuries, on the same night. On the next day, Smti Lakhima Boro, wife of the deceased (PW 1), as informant, lodged an FIR (Ext. 6) with the police. On receipt of the FIR, police registered a case under Sections 302/34 IPC and launched investigation into the matter.

(3.) During the course of investigation, police visited the place of occurrence, prepared a sketch map (Ext. 7), examined the witnesses and forwarded the dead body of the deceased for post-mortem examination and recorded the statement of the witnesses. At the close of investigation, police submitted charge sheet (Ext. 11), under Section 302 IPC, against the appellant. The offence, being exclusively triable by the court of sessions, the learned Judicial Magistrate, Ist Class, Guwahati, committed the case to the court of Sessions. The learned Sessions Judge framed charge, under Section 302 IPC, against the appellant. The charge was read over and explained to the accused person, to which he pleaded not guilty and claimed to be tried.