SARJU TELI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 07.07.2008, passed, in Sessions Case No. 76 of 2007, by the learned Addl. Sessions Judge (FTC), Dibrugarh, convicting the accused-appellant, Sarju Teli, 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 rigorous imprisonment for a period of 5 (five) months. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(2.) At the trial, the accused pleaded not guilty to the charge, framed against him, under Section 302 IPC.

(3.) In support of their case, prosecution examined altogether 9 (nine) witnesses. The accused was, then, examined under Section 313 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 that of denial. However, while denying his involvement in the assault on, and killing of, Dabloo Dey, the accused admitted that he did go to Babu Karmakar (P.W. 1) and informed him (P.W. 1) that Dabloo was lying dead. In this regard, the accused further stated, in his examination under Section 313 Cr.P.C., that he had stated before P.W. 1 that people were suspecting him (accused) to be involved in the killing of Dabloo Dey. No evidence was adduced by the defence.