BISWAJIT BHOWMICK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order, dated 28.09.2006, passed, in Sessions Case No. 52 (CH) of 2005, by the learned Additional Sessions Judge (FTC), Hojai, Sankardevnagar, convicting the accused-appellant, Biswajit Bhowmik, under Sections 302 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 1,000/- and, in default of payment of fine, suffer simple imprisonment for six months. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(2.) In support of their case, prosecution examined as many as 18 (eighteen) witnesses. The two accused were, then, examined under Section 313 Cr.P.C. In their examinations aforementioned, both the accused denied that they had committed the offence, which they were alleged to have committed, the case of the defence being that of denial. The further case of the accused-appellant, Biswajit, was that his father had sustained injury on his head and that the blood stains, which had been found on the said currency notes and pay slip, were of his father. However, it is noteworthy that the facts, that the blood stained currency notes and pay-slip were recovered from under the bed of the accused-appellant and the same were seized by the police, remained unchallenged. This apart, in support of his plea that his father had sustained injury on his head and/or that the blood stains, found on the said currency notes and the pay slip, were of his father, no evidence was adduced by the appellant Biswajit Bhowmik.

(3.) Having found that the incriminating materials were not sufficient to convict accused Gopi Dutta, the learned trial Court acquitted him accordingly; but, on having found the present accused-appellant guilty of the offence of murder, learned trial Court convicted him accordingly and passed sentence against him as mentioned above.