BIMAL SOREN @ DUKANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 21.12.2006, passed, in Sessions Case No. 14 (S-C) 2006, by the learned Additional Sessions Judge, (FTC), Sivasagar, convicting the accused- appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs.1, 000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of 6 (six) months.

(2.) THE case of the prosecution may, in brief, be described thus: On 02.10.2005, in the afternoon, accused Bimal Soren @ Dukani, came to the residential quarter of PW2 (Raju Hembram), at Ghorajan tea estate, with a knife used for pruning tea leaves, dragged out Lalita, sister of PW2, to the courtyard and gave her blows with the said knife. On being injured, Lalita fell down at the courtyard and died. Soon after killing Lalita, accused left the place of occurrence holding the weapon of offence in his hand. However, the occurrence of assault, on Lalita, was witnessed by PW5, wife of PW2. When PW2 was returning home after his work, at the tea factory, was over, PW5, wife of PW2, met the former on the road and told him what the accused had done, whereupon PW2 came running to his home and found Lalita lying in the courtyard with cut injuries on her body, her body being smeared with blood. PW2, then, lodged an Ejahar (Ext. 2) at Sapekhati Police Station. Treating the said Ejahar as First Information Report (in short, 'FIR'), Sapekhati Police Station Case No. 42/2005, under Section 302 IPC, was registered against the accused-appellant.

(3.) TO a charge framed, at the trial, under Section 302 IPC, the accused pleaded not guilty.