JAGAT BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is directed against the judgment-and-order dated 17th August, 2009 passed by the learned Additional Sessions Judge (Fast-track)-III at Kamrup in Sessions case No. 152(K)/2006, whereby accused Jagat Boro was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for one year more. Prosecution case was set in motion with lodging of an FIR at Boko police station by Hikmat Ali (PW-1) of the said police station alleging that in the evening on 25.2.2004, Uttam Boro and Jagat Boro called on his brother Rashid Ali and took him with them. On the following day dead body of Rashid Ali was found at the Salhari pathar near Gosaipara. Later, PW-1 could learn that the duo had killed his brother Rashid Ali, and thereafter surrendered before the Boko police.

(2.) The case was committed to the Court of Sessions at Kamrup for trial by the learned Court below. During the pre-trial stage, accused Uttam Boro and Diganta Boro absconded: accordingly, they were declared absconder; however, on appearance of accused Jagat Boro, in due compliance of the procedures, formal charge under Sections 302 /34 of the IPC was framed against accused Jagat Boro. When the charges were read out and explained to accused Jagat Boro, he pleaded not guilty and demanded a trial.

(3.) Trial ensued. During trial, the prosecution examined as many as 10 witnesses and on completion of recording of the prosecution evidence, statement of the accused under Section 313 of the CrPC was recorded by the learned Sessions Judge. The stand of the accused was of total denial, however, the accused preferred not to adduce any evidence in defence. On completion of trial, the learned Sessions court convicted and sentenced accused Jagat Boro as aforesaid, giving rise to this appeal from jail.