SHYAMAL DANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, who has been convicted for the offence under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for a period of 1(one) month, vide judgment of conviction dated 18.11.2008 passed by the learned Sessions Judge, Golaghat in Sessions Case No.5/2007, has filed the present appeal challenging the said judgment of conviction.

(2.) THE prosecution case, in brief, is that on 23.08.2006 at about 5.30 P.M. the accused appellant Shri Shyamal Dang killed the deceased at Arengapar Naragaon Stone Crushing Quarry belonging to Bhabesh Deka (PW-1). On the basis of the first information report lodged by the PW-1 Bhabesh Deka, on 23.08.2006, Golaghat P.S. Case No.387/2006 under Section 302 IPC was registered. The police during investigation arrested the accused person and also seized the weapon of assault, namely, the dao. The police also recorded the statement of the persons acquainted with the facts of the case, under Section 161 Cr.P.C. and send the dead body for post mortem examination. On completion of the investigation, charge-sheet dated 18.11.2006 was filed under Section 302 IPC. The case was committed for trial on

(3.) THE prosecution in order to bring home the charge has examined 10(ten) witnesses, including the first informant Shri Bhabesh Deka as PW-1; Shri Golap Khaklari, who was a co-worker of the appellant as PW-6; the learned Magistrate, who recorded the confessional statement as PW-4; the doctor who conducted the autopsy on the body of the deceased as PW-5 and also the Investigating Officer Shri Prabin Ch. Das, who conducted the investigation as PW-10. All the witnesses were cross-examined by the accused appellant. No defence witness was adduced. The statement of the accused person under Section 313 Cr.P.C. has also been recorded. The confessional statement of the accused was recorded by the learned Magistrate, Shri K.S. Pathak (PW-4), on 28.08.2006. The said confessional statement has also been proved and marked as Ext.-4.