PHAGU RAJWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 31.3.2007, passed by the learned Additional Sessions Judge (F.T.C.), Sonitpur, Tezpur in Sessions Case No. 88/ 2006. By the impugned judgment and order, the learned Sessions Judge convicted the appellants, under section 302 IPC and sentenced both of them to suffer imprisonment for life and pay fine of Rs. 2,000/- each in default suffer rigorous imprisonment for two months. We have heard Mr. M.H. Choudhury, learned Amicus Curiae appearing for the appellants and Mr. Z. Kamar, learned Public Prosecutor.

(2.) The prosecution case, in brief, is that, on 27.11.2005 at about 6 P.M., at village Roumari Gaon, Tezpur, the dead body of Shri Robert Bhutkowar (hereinafter called the deceased) was found lying dead, in injured condition, on the public road. Though the deceased was taken to the hospital for treatment, he succumbed to the injuries on way to the hospital. Shri Suren Bhutkowar (PW 1), brother of the deceased, lodged an FIR (Exhibit 1) with the Officer-in-Charge, Bokahat Police Station. After receipt of the FIR, Police registered a case and launched investigation into the matter. During the investigation, Police visited the place of occurrence, prepared the inquest report in respect of the deceased, forwarded the dead body for post mortem examination, seized the incriminating weapon and examined the witnesses. The prosecution version is that on the date of occurrence, both the deceased and appellant Sri Kundan Singh took liquor together and thereafter the said appellant left the place, followed by the deceased. According to the prosecution, the appellants made extra judicial confession.

(3.) At the close of the investigation, Police submitted charge sheet against the appellants, under sections 302/ 34 IPC. The offence being exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions and the learned Sessions Judge framed charge, under section 302/ 34 IPC. The evidence for the prosecution, the accused persons were examined, under section 313 Cr. P.C. They denied the allegations, levelled against them and declined to adduce defence evidence. Their plea was a denial one.