MATHIO BAGHWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Bijita Sarma, learned Amicus Curiae appearing for the appellant. We have also heard Ms. S. Jahan, learned APP, Assam, who has appeared on behalf of the State of Assam.

(2.) The sole appellant has approached this Court by filing the instant appeal assailing the judgement dtd. 01/03/2016 passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 240 (S-C)/2012, convicting him under Sec. 302 of the Indian Penal Code (IPC, for committing the murder of the deceased Nabin Borah and sentencing the appellant to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 with default stipulation.

(3.) The prosecution case, in a nutshell, is that on 28/03/2012, at around 4-30 p.m., the appellant/accused had hacked the deceased with a 'dao' causing grievous injury on his body. Eventually, the victim had succumbed to his injuries. On 28/03/2012, Sri Sikon Bora, (PW-1) had lodged an ejahar before the Officer-in-Charge, Sapekhati Police Station reporting the incident. In the ejahar, the informant had named the appellant as the person responsible for the death of his brother (Nabin). Based on the said ejahar, Sapekhati PS case No. 06/2012 was registered under Sec. 302 of the IPC. The matter was then entrusted to S.I. Sri Padyut Kumar Dutta (PW-9) for carrying out investigation.