NIPEN SUREN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 24.01.2008, passed, in Sessions Case No. 109 of 2007, by the learned Sessions Judge, Dibrugarh, convicting the accused -appellant, Nipen Suren, 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, suffer imprisonment for a period of 2 (two) months. The case of the prosecution may, in brief, be described as under:

(2.) DURING the course of investigation, a cap, allegedly belonging to the accused, was recovered from near the place, where the said dead -body had been found lying. Police, then, arrested Nipen Suren and, on being interrogated, the accused, admittedly, led the police to a place from where a khukuri was recovered and seized. On completion of investigation, police laid charge -sheet, under Section 302, IPC, against the accused, Nipen Suren.

(3.) IN support of their case, prosecution examined altogether 12 (twelve) witnesses. The accused was, then, examined under Section 313, Cr PC and, in his examination aforementioned, the accused, while denying that he was behind the killing of Boruah Maji, admitted that he had left Arjun Munda's house along with the said deceased; but, at the same time, claimed that, on the way, he had found his friends going to Bhawna (i.e. a kind of religious drama) and went away with his said friends leaving Boruah Maji alone. However, in support of his plea that he (accused -appellant), having found his friends, went away to see Bhawna or had seen Bhawna, no evidence was adduced by the defence.