SANJIB TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The legality of the judgment and order dated 19.9.2012 passed by the learned Sessions Judge, Golaghat in Sessions Case No.13 of 2009 convicting the appellant under Section 302 IPC and sentencing him to life imprisonment with a fine of Rs.5,000/- and, in default thereof, to undergo rigorous imprisonment for another one year.

(2.) Both Ms. M. Buzarbaruah, learned Amicus Curiae appearing for the appellant, and Mr. Z. Kamar, learned P.P. appearing for the State of Assam, are heard at length.

(3.) The case of the prosecution is that on receipt of the ejahar, from Sri Sibdhan Tanti, Tipujan Tea Estate, Bokakhat alleging that the appellant killed Bishikeswar Tanti by inflicting dao blow upon him, the Officer-in-Charge of Bokakhat Police Station registered a regular case being Bokakhat P.S. Case No.99 of 2008 under Section 302 IPC. After investigation of the case, the I.O., charge-sheeted the appellant under Section 302 IPC to face the trial. The learned Sessions Judge, Golaghat whereafter framed the charge under Section 302 IPC to which the appellant pleaded not guilty and claimed to be tried. In the course of trial, the prosecution examined as many as 9 (nine) witnesses and exhibited the post-mortem report, the inquest report, dead body challan, sketch map of the place of occurrence to bring home the charge against the appellant. At the conclusion of the trial, the appellant was examined under Section 313 CrPC, whose case is that of total denial. The learned Sessions Judge thereafter passed the impugned judgment of conviction and sentence. The findings of the learned Sessions Judge upon which he convicted the appellant are found at para 18, 19, 20 and 21 of the judgment, which are reproduced below