SUKU KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Bhuyan, learned Amicus Curiae. Also heard Mr. D. Das, learned APP, Assam. We have also perused the entire materials on record. This jail appeal is directed against the judgement of conviction dated 23/5/2008 passed in Sessions Case No. 144(T)2006 by the learned Sessions Judge, Tinsukia. By the said judgement the accused appellant has been convicted under Section 302 IPC with the sentence to undergo RI for life. The period of detention of the convict during trial is to be set off.

(2.) The prosecution case in brief is that on 2/4/2006, the deceased was murdered by the accused appellant and his dead body was thrown away in the courtyard of the informant. On receipt of the FIR, Tinsukia PS case No. 147/2006 was registered under Section 302 IPC. On completion of the investigation, the police submitted charge sheet under Section 302 IPC. Thereafter, charge under the said section having been framed, the case was tried by the learned Sessions Judge, Tinsukia.

(3.) The prosecution examined 8(eight) witnesses including the Doctor and the IO. PW-1 is the Doctor who in his deposition stated that on 3/4/2006 while he was posted as M & HO -1 at Tinsukia Civil Hospital had performed Post-mortem examination on the dead body of the deceased in connection with Tinsukia PS Case No. 147/2006 and found as follows :-