NIPEN BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.B.P. Singha, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This appeal has been filed against the impugned judgment dtd. 30/11/2022 passed by the learned District and Sessions Judge at Diphu, Karbi Anglong in Sessions Case No.327/2017 (new)/ Sessions Case No.33/2010 (old), by which the appellant has been convicted under Ss. 302/201 IPC. The appellant was sentenced to undergo life imprisonment under Sec. 302 IPC with a fine of Rs.10,000.00, in default rigorous imprisonment for 1 (one) year. He was also sentenced to undergo rigorous imprisonment for 7 (seven) years with a fine of Rs.10,000.00, in default rigorous imprisonment for 1 (one) year under Sec. 201 IPC. The sentences were to run concurrently.

(3.) The prosecution case in brief is that an FIR dtd. 22/8/2004 was submitted by the Prosecution Witness No.12 (PW-12), who is the uncle of the deceased boy of 5 years 5 months. The FIR is to the effect that on receiving the news that his nephew Chanakya Baruah had gone missing, an extensive search were made. PW-12 later came to know that his brother-in-law (appellant) recovered the body of his nephew Chanakya Baruah from the septic tank, located in the campus of the Government quarters where the appellant (father of the deceased) lived. PW-12 in his FIR also stated that PW-1, who worked in the house of the appellant as a domestic help had stated that the appellant had committed the murder and that the appellant had also confessed to killing his son. In pursuant to the FIR dtd. 22/8/2004, Diphu P.S. Case No.116/2004 under Sec. 302/201 IPC was registered.