(1.) By judgment and order, dated 28.8.2009, passed, in Sessions Case No. 51(NL) of 2007, by the learned Sessions Judge, Lakhimpur, the accused-appellant, Jadav Saikia, stands convicted under Section 302 IPC and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for another period of 6(six) months. The case of the prosecution may, in brief, be described thus: On 23.07.1997, at about 6-00 P.M., when Chandiram Bora was returning home on his bicycle, accused Jadav Saikia intercepted him on the road and inflicted injuries on his person by means of dao. On hearing hulla, Dimbeswar Bora, elder brother of Chandiram Bora, rushed to the place of occurrence and found Chandiram in injured condition. On being asked by Dimbeswar, Chandiram told him that Jadav Saikia had assaulted and injured him. On hearing the hulla, Atul Bora, younger brother of deceased Chandiram, too, rushed to the place of occurrence and saw that both the hands of Chandiram had been severed and there were injuries on his head and face too. On being asked by Atul Bora, Chandiram told him that Jadav Saikia and others had caused the incident. After sometime, Tileswar, another elder brother of Chandiram, came to the place of occurrence and, having come to know about the fact that Jadav Saikia had injured and killed Chandiram, he went to Bihpuria Police Station and lodged there an Ejahar (Exhibit-1) naming therein not only accused Jadav Saikia, but also Tulu Saikia, Shiva Saikia and Jurmoni Saikia, all brothers of accused Jadav Saikia, as having hacked Chandiram Bora. Treating the said Ejahar as First Information Report (in short, 'FIR'), Bihpuria Police Station Case No. 254/97, under Section 341/302/325/326/34 IPC, was registered against the accused, Jadav Saikia and others, who had been named in the Ejahar. While Tileswar was still present at the police station, accused Jadav Saikia arrived there and informed the police about the death of Chandiram, whereupon police put Jadav Saikia in the lock up and proceeded to the place of occurrence and, on arriving at the place of occurrence, police held inquest over the said dead body, which was also subjected to post mortem examination. During investigation, police recorded statements of the witnesses and a dao, which had been used in causing death of Chandiram, was seized by police by seizure list (Exhibit-2). In course of time, the accused made judicial confession and, in his confessional statement, the accused alleged. "On the day of the occurrence, i.e., on 23.07.1997, at about 5-00 P.M., when I went to see whether water had dried up or not so that I could cast net to catch fish. Right at that moment Chandiram came on a bicycle. Chandiram Bora and I came face to face. The Chandiram threw his bicycle and hit me on the arm with an iron rod and kicked me on the wais and, when he attempted to assault me with the iron rod, to save my life, I lifted the dao which was in my hand and killed Chandiram Bora unintentionally before leaving the scene". On completion of investigation, police laid charge-sheet against accused Jadav Saikia showing the other co-accused as absconders.
(2.) At the trial, when charges, under Sections 341 and 302 IPC, were framed against accused Jadav Saikia alone, he pleaded not guilty thereto.
(3.) In support of their case, prosecution examined altogether 11 (eleven) witnesses including the Judicial Magistrate, who had recorded the judicial confession of the accused. The accused was, then, examined under Section 313 Cr. PC and, in his examination aforementioned, the accused denied that he had committed the offence, which was alleged to have been committed by him, his case being that of denial and his confessional statement having been given by him out of fear of the police as he had been coerced to make confession by the police. No evidence was adduced by the defence.