LAWS(GAU)-2023-8-20

JITEN GOWALA Vs. STATE OF ASSAM

Decided On August 08, 2023
Jiten Gowala Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) These two Criminal Appeals(J) have been preferred by the appellants herein, namely, Sri Jiten Gowala, and Sri Paresh Tasa, for assailing the judgment and order dtd. 19/12/2016/ 20/12/2016, passed by the Additional Sessions Judge, Golaghat, in Sessions Case No. 200/2014, whereby the appellants herein were convicted for the offence punishable under Sec. 302 IPC and were sentenced to rigorous imprisonment for life and fine of Rs.1,000.00, in default of payment of fine to undergo further simple imprisonment for six months each. They were also convicted for the offence punishable under Sec. 201 IPC and were sentenced to undergo rigorous imprisonment for two years and fine of Rs.500.00, in default of payment of fine to undergo further rigorous imprisonment three months each. Both the sentences were ordered to run concurrently.

(2.) The brief facts relevant and essential for disposal of the appeals at hand are noted hereinbelow:

(3.) Learned Amicus Curiae Mr. D.K. Dey, representing the appellants vehemently and fervently urged that there is no evidence whatsoever on the record of the case so as to connect the appellants with the alleged crime. He contended that the entire case of the prosecution is based on circumstantial evidence. However, not a single incriminating circumstance, which can even remotely connect the appellants with the alleged crime, was proved by the prosecution. He pointed out that the prosecution portrayed the evidence of 'last seen together', discovery of the dead body and recoveries allegedly made at the instance of the accused as incriminating circumstances for seeking conviction of the accused appellants. However, none of these circumstances was proved by any sort of reliable evidence. He thus urged that the accused appellants have been falsely implicated in this case and deserve to be acquitted.