RAJEN KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 4.5.2006, passed by the Additional Sessions Judge No. 1, Sivasagar, in Sessions Case No. 72(S-S)/2004, corresponding to GR Case No. 735/2003, under section 302 Indian Penal Code (in short IPC), convicting the accused/appellant under Section 302 IPC and sentencing him to suffer of imprisonment for life and also to pay a fine of Rs. 5,000/- and, in default, to undergo imprisonment for another 6 (six) months for the offence aforesaid. Being aggrieved by and dissatisfied with judgment, the accused, in Sessions Case No. 72(S-S)/2004, has preferred this jail appeal. The appellant, Sri Rajen Kurmi, would be described as accused person in all subsequent references.

(2.) The facts necessary for disposal of this present appeal, in short, are that on 26.8.2003, an FIR was lodged by one Rameswar Rajowar, Secretary, Village Defence Party (VDP, in short), Tomtomtola, with police at Nazira Police Station informing that at about 5:30 p.m., same day unknown person(s) killed Shri Bhagat Karmakar near the gateway of Jawahar Naboday Vidyalaya in Bahbari village and same was lying at the place aforementioned at the time of filing the FIR.

(3.) In the FIR, it has also been stated that family members of the deceased suspected that one Sri Rajen Kurmi might have killed the aforesaid person. On the receipt of the aforesaid FIR, Officer-in-Charge, Nazira Police Station, registered a case thereon vide Nazira Police Case No. 70/2003 under section 302 IPC and ordered an officer subordinate to him to investigate the case.