NANTU PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 26.9.2007, passed by the learned Addl. Sessions Judge (FTC), Sivasagar, in Sessions Case No. 34(S-C) 2005 convicting the accused/ appellant U/s 302 IPC read with Section 34 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/- in default to undergo R.I. for further period of 2(Two) months for the offence aforesaid. Being aggrieved by the judgment and order dated 26.9.2007, the accused/ appellant has preferred this appeal on the grounds, stated in the memo of appeal.

(2.) THE prosecution case, as it emerges during the trial, in brief is that on 3.1.2004, one Sri Ajoy Debnath lodged an ejahar (Ext.1) with the Officer-in-charge, Sonari P.S. stating that his brother Bijoy Debnath was killed by some miscreants at a place in between Banfera and Rajapukhuri, Sonari, on the night of 2nd January ,04 when he was returning home from his shop. Having received the ejahar, the Officer-in-charge, Sonari P.S. registered a case, vide Sonari P.S.Case No.4/2004 U/s. 302 IPC and endorsed the same to Sri Mridul Kr. Das, S.I. of Police for conducting an investigation into the case.

(3.) AFTER receipt of the case on transfer and on the appearance of the accused persons before him, learned Trial Court framed charge U/s 302/34 IPC against accused persons and the charge, so framed, on being read over and explained to the accused persons, they pleaded not guilty and claimed tried. Here, it may be stated that during the course of trial, one of accused persons, namely, Md. Manir Seikh fled from justice for which he was declared absconder on following the procedure, prescribed.