JAGANNATH RAJBONGSHI ALIAS KALU Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 19.12.2005, passed by the learned Sessions Judge, Kamrup, Guwahati, in Sessions Case No. 12(K)/2003, the accused-appellant herein stands convicted under Section 302 IPC and sentenced to suffer imprisonment for life and pay fine of Rs. 3,000/- and, in default of payment of fine, undergo rigorous imprisonment for a period of 6(six) months.

(2.) The prosecution's case may, in brief, be described thus: On 18.09.2002, at about 6-30 p.m., when Hem Prava Sarania @ Marami, a girl, aged about 14 years, was studying under the glow of lamp, on a moonlit night, at her house, sitting on a mattress, in her courtyard, along with her younger sister, Binita, the accused-appellant, Jagannath Rajbonghshi @ Kalu, suddenly, appeared at the said courtyard and stabbed Marami on her back with a dagger. The act of stabbing of Marami, by the accused-appellant, was witnessed by her aunt, Binita Deka (PW1), and her mother, Subheswari Deka (PW2), who, too, were present in the courtyard at that time. The accused, after stabbing Marami, fell down on the ground and became senseless. Marami's father, Arun Deka (PW3), who was, at that point of time, in the house of his friend, Deka, was informed by his nephew, Toseswar Deka, that Marami had been stabbed by Kalu (i.e., the accused-appellant) and, on coming to know about the same, PW3 rushed back to his house and, on arriving there, he came to know that his daughter, Marami, had been stabbed and while she was being taken to one local pharmacy for treatment, she succumbed to her injuries. The dead body of Marami was carried to Goreswar Police Station, where a written Ejahar was lodged by PW3, father of the said deceased. Treating the said Ejahar as First Information Report (in short, "FIR"), a case, under Section 302 IPC, was registered against the accused. During the course of investigation, inquest was held over the said dead body and inquest report (Exbt. 4) was accordingly prepared. The police also seized the dagger (Material Exhibit 1), which had been used as the weapon of offence. A plastic bottle of insecticide (Material Exhibit 2) was also found lying in the courtyard and the same was also seized by the police. On completion of investigation, police laid charge-sheet against the accused-appellant under Section 302 IPC.

(3.) To the charge, framed at the trial, under Section 302 IPC, the accused-appellant pleaded not guilty.