BALESWAR SAWTAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is directed against the judgment and order, dated 29.03.2006, passed by the learned Ad-hoc Addl. Sessions Judge (FTC), Sonitpur, Tezpur in Sessions Case No. 15(S)/2004. By the impugned judgment and order, the learned Sessions Judge convicted Sri Baleswar Sawtal, hereinafter called the appellant under Section 448 /302 IPC and sentenced him to suffer rigorous imprisonment for 3 months for his conviction under section 448 IPC and imprisonment for life and pay fine of Rs. 1,000/- in default rigorous imprisonment for another period of two months for his conviction under section 302 IPC. It has been directed that both the sentences; shall run concurrently. Being aggrieved by the said conviction and sentence, the convicted person as appellant has come up with this appeal.

(2.) The offence under section 302 being exclusively triable by the Court of Sessions, the case was committed by the learned Magistrate. Accordingly the learned Sessions Judge framed charges under sections 448 /302 IPC. The charges were read over and explained to the appellant to which he pleaded not guilty.

(3.) Ms. M. Bujarbaruah, learned Amicus Curiae appearing for the appellant has submitted that the prosecution failed to adduce sufficient reliable evidence and that the learned Sessions Judge committed error by recording the conviction and sentence as indicated above. On behalf of the appellant it is submitted that, except the evidence of PW -3 and the wife of the deceased (PW -4), there is no other direct evidence to substantiate the involvement of the appellant with the death of the deceased. Therefore, it is submitted that the prosecution failed to prove its case, beyond all reasonable doubt.