KRISHNA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 05.02.2007, passed, in Sessions Case No. 2 of 2006, by the learned Sessions Judge, Golaghat, convicting the accused-appellant under Sections 302 and 201 IPC and sentencing him to suffer, for his conviction under Section 302 IPC, imprisonment for life with fine of Rs. 3,000/- and, in default of payment of fine, undergo simple imprisonment for 3 (three) months, no separate sentence having been passed for conviction of the accused-appellant under Section 201 IPC. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) At the trial, when charges, under Sections 302 and 201 IPC, were framed against the accused, he pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether 12 (twelve) witnesses. The accused was, then, examined under Section 313 Cr.P.C. In his examination aforementioned, the accused denied that he had committed the offences, which were alleged to have been committed by him, his case being that of denial inasmuch as according to the accused, he had not made any statement to the police with regard to where Puna Bora's dead body had been kept nor had he shown the said dead body or helped in the recovery thereof and also that the judicial confession was made by him involuntary, because of his having been assaulted by the police. No evidence was adduced by the defence.