RAJEN ROBIDAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THE appellant is aggrieved by his conviction under Section 302 of the Indian Penal Code (for short, hereinafter referred to as 'the IPC') vide judgment and order dated 2.5.2006 rendered by the learned Sessions Judge, Golaghat in Sessions Case No. 22/05 whereby he has been awarded the sentence of imprisonment for life and fine of Rs. 5000/ -, in default, rigorous imprisonment for further one year. We have heard Mrs S. Kejriwal, learned Amicus Curiae for the appellant and Mr KA Mazumdar, learned Addl. Public Prosecutor, Assam for the respondent State.

(2.) ON receipt of the FIR lodged by one Bhaity Bhuyan on 10.12.2004 with the Officer -in -Charge, Dhekiyal Police Out Post alleging that at about 10 p.m. on the previous day i.e. 9.10.2004 the accused/appellant had killed the deceased Mahendra Bhuyan at his (accused/appellant) house, Golaghat P.S. Case No. 583/04 under Section 302 IPC was registered. On the completion of the investigation chargesheet was laid against the accused/appellant and he was made to stand trial as he pleaded innocence against the charge framed under the aforesaid provision of the IPC.

(3.) IT would be apt before adverting to the rival submissions to deal with the evidence on record. P.W.1, Bhaity Bhuyan, the informant deposed that in the evening of the date of the incident the deceased, his paternal uncle had gone to the house of the accused/appellant to attend a 'Sudhi' (Shradha) ceremony thereat and subsequent thereto at about 10 p.m. in the same night he (accused/appellant) came and informed him that he had cut the deceased. According to this witness, on receiving the information he went to the house of the accused/appellant and found the deceased lying on the verandah. He thereafter lodged the ejahar, Exhibit -1. In his cross -examination, this witness disclosed that his father and the deceased were brothers and that the latter had in the past killed his father and his elder brother Gohain as well as the father of one Bolo. That this witness feared the deceased because of these antecedents was also stated in the cross -examination.