PRONOY MECH @ BHAYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant is the first cousin of the deceased. The appellant has been convicted under Section 302 of the Indian Penal Code for committing murder of his cousin vide impugned judgment dated 30.11.2005, passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 68 (S-S) of 2004. After convicting the accused for the offence of murder, he has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 1 lakh (Rupees One Lakh) with default stipulation of further rigorous imprisonment for 5 years. Being aggrieved with the conviction and sentence, the accused has preferred this appeal from jail. We have heard Ms. B Gogoi, learned Amicus-Curiae and Mr. D Das, learned Additional Public Prosecutor for the State. We have also gone through the impugned judgment and the evidence tendered by the prosecution in the trial court The defence was of total denial and no evidence in defence was given.

(2.) The prosecution story is that both the accused and the deceased used to live adjacently. On 15.2.2004 at about 1 pm, while the deceased was taking bath near a tubewell in front of his house, the accused suddenly came with a dao and struck the deceased on his head and neck. Hearing the outcry of the deceased, his wife and other family members and near relatives rushed to the place of occurrence and took the deceased to the hospital in an injured condition. After two days, the deceased succumbed to the injuries. However, FIR was lodged on the very next day of the incident by the wife of the deceased. On the date of incident, the deceased was surviving and, as such, a case under section 326 of the IPC was registered being Sivasagar P.S. Case No. 10 of 2004. However, after the trial, the accused was charge sheeted under section 302 IPC and after trial he has been invited accordingly.

(3.) To establish the offence of murder, prosecution examined altogether nine witnesses. PWs-7, 8 and 9 are the police officers who had taken part in the investigation at different stages. All the remaining witnesses appear to be related to the accused and the deceased.