DHAN MAHTOO Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 25.05.2009, passed, in Sessions Case No. 60(DM) of 2008, by the learned Sessions Judge (FTC), Darrang, Mangaldoi, convicting the accused -appellant, Dhan Mahatoo, under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 5,000/ - and, in default of payment of fine, undergo rigorous imprisonment for a period of 6 (six) months.

(2.) THE case of the prosecution may, in brief, be described as under:

(3.) IN support of their case, prosecution examined altogether 14 (fourteen) witnesses. The accused was, then, examined under Section 313 (1)(b) Cr.P.C. and, in his examination aforementioned, he denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being, in brief, thus: on 26 - 03 -2008, deceased Dulumoni @ Chinu did come to the house of the accused along with PW5 and while Chinu and PW5 had liquor at the house of the accused, the accused abstained from taking liquor. Having remained there for some time, Chinu and PW5 left the house of the accused and a little while thereafter, Bartaj Ali (DW2) and Sakka Ali (DW3) came to the house of the accused and they watched television at the house of the accused for some time and, then, they left the house of the accused, whereupon the accused and his family went to sleep and it was only on the following day, in the morning, that accused came to learn that Chinu had been assaulted, injured and killed on the previous night. In support of his case, the defence, too, adduced evidence by examining three witnesses including his own self.