LIKHESWAR CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal has been preferred from jail by the convict appellant against the judgment dated 29.9.2007 rendered by the learned Sessions Judge, Lakhimpur, North Lakhim-pur, in Sessions Case No. 58(NL)/2006 convicting him under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 2000/(Rupees two thousand), in default, R.I. for 3(three) months.

(2.) THE story projected by the prosecution is founded on a written FIR lodged by one Sri Jibon Chutia on 4.2.1986, wherein it has been alleged that on 3.2.06, Sri Likheswar Chutia, son of Kamal Chutia, inflicted serious injury on Sabhai Chutia by a long machi dao in a paddy field and the injured was hospitalized for treatment. On registration of a crime being Lakhimpur P.S. Case No. 87/1986 under Section 326/34 IPC, the police investigated the case. During investigation the injured succumbed to his injuries at North Lakhimpur Civil Hospital. On the prayer made by the I.O., offence under Section 302 IPC was added against the accused persons Sri Likheswar Chutia and Kamal Chutia, who surrendered before the Court on 10.2.1986.

(3.) MS. Baruah, learned Amicus Curiae, taking us through the evidence on record, submits that there is no eye witness to the alleged occurrence and the evidence on record is not sufficient to sustain the conviction and sentence as awarded by the learned trial Court. The conviction and sentence, according to the learned Amicus Curiae, is solely based on the evidence of PWs 1, 2 and 3, whom the prosecution projected as eye witnesses, but refused to support it and were declared hostile on the prayer made by the learned Public Prosecutor during trial. Further, she submits that no dying declaration of the deceased was recorded to support the prosecution case against the accused persons.