TANU RAM KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Nandi, learned counsel, appearing for the appellant as Amicus Curiae and Mr. K.A. Majumder, learned Addl. Public Prosecutor, Assam, for the respondent State. This appeal has been preferred from jail against the judgment and order dated 5.1.2008 rendered in Sessions Case No. 42 (K)/02, corresponding to GR Case No. 59/97, by the learned Sessions Judge, Kamrup, Guwahati, convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life with a fine of Rs. 2000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months.

(2.) The prosecution case in short is that the appellant on 22.1.97 at about 1.30 PM, stabbed to death one Manjuma Akhtari at a place by the side of 31 National High Way while she was coming from Kendukona bazaar and after committing the murder, the appellant fled away from the scene. A written Ejahar was lodged by one Syed Jaher Ali, brother of the deceased, on 12.1.97 with the Officer-In-Charge, Kamalpur Police Station on the said incident, which was received and registered as Kamalpur P.S. Case No. 13/97 under Section 302 IPC.

(3.) The I.O. of the case, Sri Rohini Buragohain, P.W. 11, visited the place of occurrence, examined and recorded the statements of the witnesses, drew sketch map of the place of occurrence, held the inquest and, got the post mortem examination report done and on completion of the investigation submitted charge-sheet under Section 302 of the IPC against the appellant. On committal of the case, the learned Sessions Judge, Kamrup, Guwahati (hereinafter referred to as trial Court), framed charge under Section 302 IPC against the appellant, to which, on being read over and explained, pleaded not guilty and claimed to be tried. He, thus, stood the trial. The prosecution, in order to bring home the charge, examined as many as 11 witnesses, including the Medical Officer and the I.O. The appellant, after being examined under Section 313 Cr.P.C. declined to lead any evidence in his defence. He took a plea of complete denial of the charge. At the conclusion of the trial, the learned trial Court, on consideration of the evidence on record and upon hearing the parties, convicted and sentenced the appellant as stated earlier.