KRISHNA BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant as well as Ms. S. Jahan, learned Addl. P.P. for the State.

(2.) This appeal by the appellant-convict from jail has been filed under Sec. 374(2) Cr.P.C. read with Sec. 383 Cr.P.C. The appeal is directed against the judgment and order of conviction dtd. 18/3/2019, passed by the learned Addl. Sessions Judge No.1, Nagaon in Sessions (T1) Case No.51(N)/2017, under Sec. 302/201/34 IPC by which the appellant was held to be guilty of committing offence under Sec. 302 IPC and was sentenced to undergo RI for life and to pay fine of Rs.1,000.00 with default stipulation and he was also convicted for committing offence under Sec. 201 IPC and was sentenced to undergo RI for 5 years and to pay a fine of Rs.1000.00 with default stipulation. Case of the prosecution:

(3.) The prosecution case is that on 17/3/2017, Smt. Juma Bora, wife of Jaan Bora informed the Kaliabor Police Station that her husband was missing since 13/3/2017, and that his mobile was switched off. Accordingly, a G.D. Entry No. 316 dtd. 17/3/2017 was recorded at 8.00 a.m. ASI Pinaki Acharya (PW-1) was entrusted to take a preliminary investigation. In course of investigation, on 22/3/2017 at about 11 a.m., the headless dead body of the missing person was found on Kolong River by the side of the house of his parents-in-law, namely, Krishna Biswas and Anita Biswas in a decomposed state.