PARCHURAM MADHUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 28.1.2005, passed by the learned Addl. Sessions Judge (FTC), Bongaigaon, in Sessions Case No. 53(B)/1994, convicting the present two accused-appellants under Section 302 read with Section 34 IPC and sentencing each one of them to suffer imprisonment for life and to pay a fine of Rs. 2000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month.

(2.) The case of the prosecution, as unfold-ed at the trial, may, in brief, be described as follows:- On 19.12.93, Jiban Arya (since deceased) went out of his house with his handcart, but did not return home and, on the following day, i.e. on 22.12.93, in the morning, his dead body was found lying by the side of the road of his village with several injuries on his body, neck and forehead. A trail of blood was also found passing from the place, where Jiban Arya's dead body was found lying, and ending at the courtyard of Durga Madhua (accused-appellant No.2). On being informed, in writing, by Gopal Arya, elder brother of the deceased, at Bijni Police Station, about the fact that Jiban Arya had disappeared and his deadbody had been found, as indicated hereinbefore, a case was registered under Section 302 IPC, based on the written information, which so was lodged by the elder brother of the deceased, treating the same as First Information Report.

(3.) During the course of investigation, police visited the place, where Jiban Arya's dead body was found lying, held inquest over the dead body and prepared the inquest report. A sketch map was also prepared by the Investigating Officer and, upon arrest of the two accused-appellants, both of them were forwarded to the Court of the Judicial Magistrate for recording their confessional statements. In course of time, confessional statements of the two accused-appellants were recorded and, on completion of the investigation, a chargesheet was laid, under Section 302/34 IPC, against both the accused-appellants.