TARUN BAGLARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, from jail, is directed against the judgment and order, dated 30/6/2007, passed by the learned Additional Sessions Judge (FTC), Biswanath Chariali, in Sessions Case No. 168/2007, under sections 324 /302 IPC.

(2.) The prosecution case, in brief, is that on 1.1.2006 at about 3.3.0 P.M., the appellant being armed with a dao (a sharp cutting weapon) caused injuries to his minor son namely Nelson Baglary (P.W. 5) and death to his wife by giving dao blows on her neck. Sri Bagaram Basumatary (P.W. 1), one of the co-villagers, lodged an FIR with the Police informing about the incident. On receipt of the said FIR (Exhibit 1), Police registered a case and launched investigation into the matter. During the investigation, Police visited the place of occurrence, prepared a sketch map, forwarded the dead body for post mortem examination after preparing inquest report, examined the witnesses, seized a dao, on being produced by the villagers, vide Exhibit No. 2, took the appellant into custody. At the close of investigation, Police submitted the charge sheet under Sections 302 and 324 IPC.

(3.) Mrs. M. Buzarbaruah, learned Amicus Curiae, appearing for the appellant, has submitted that except the evidence of the minor son of the appellant i.e. P.W. 5, there is no other direct evidence regarding involvement of the appellant. The learned Amicus Curiae, appearing for the appellant, has also submitted that the prosecution failed to establish the case by adducing reliable and cogent evidence and as such the appellant is entitled to the benefit of doubt.