BANA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 19.07.2007, passed, in Sessions Case No. 213 of 2005, by the learned Additional Sessions Judge, (FTC), Biswanath Chariali, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs.2, 000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of two months.

(2.) THE case of the prosecution, as emerged at the trial, may, in brief, be described thus: THE accused, Bana Das, had inimical relation with Lakhan Das. On 18.08.2004, at about 5:00 pm, when Lakhan Das was returning home by bicycle, he happen to pass, in the process, by the side of the house of the accused, Bana Das, accused Bana Das caught hold of the handle of the bicycle and stabbed into the chest of Lakhan Das by khukri/dagger. THE stabbing of Lakhan Das by the accused was seen by Narayan Kakati and others. On receiving the blow on his chest by the dagger, Lakhan cried out and, on hearing his cries, Jaganath Kakati came running out of his house and saw Lakhan Das being stabbed by Bana Das, by a dagger, on the road, and, on seeing them, Bana Das fled away. Jaganath Kakati helped Lakhan in coming to Jaganath's house and, on reaching the veranda of the house, Lakhan died. A written Ejahar was lodged, with regard to the occurrence, on 18.08.2004, i.e., on the day of the occurrence itself, at Behali Police Station. Based on this Ejahar and treating the same as First Information Report (in short 'FIR'), Behali P.S. Case No.111/04, under Section 302 IPC, was registered, at 8:30 pm, against the accused, the distance between the said Police Station and the place of occurrence being about 15km.

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