RAJU KUMAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred seeking defeasance of the judgment and order dtd. 22/9/2017 and 25/9/2017 passed by the learned Sessions Judge, Karbi Anglong in connection with Sessions Case No. 27/1994 corresponding to G.R. Case No. 555/1993 arising out of Diphu P.S. Case No. 204/1993 u/s 302/201/34 of the Indian Penal Code (IPC for short). The appellant was convicted u/s 302 IPC and sentenced to Rigorous Imprisonment for life and to pay a fine of Rs.5,000.00 with default stipulation and u/s 201 IPC and sentenced to undergo Imprisonment for 1 year. The sentences are to run concurrently.

(2.) The FIR unfolds that upon investigation of the place of occurrence (PO in short) and examination of witnesses and in connection with G.D. Entry No. 20 dtd. 2/8/1993 made at Borlangfar PP., Sri N.C. Kakoti (hereinafter referred as the informant) learnt that on 2/8/1993 at about 1 AM midnight, Smt. Tukheswari Bora, with the help of Sri Raju Kumar Borah (hereinafter referred as the appellant) hacked Harikanta Borah (hereinafter referred to as the deceased) to death with a 'dao' in his own government quarter No. 41(C). The face of the deceased was then covered with his 'lungi' and the naked body of the deceased was put inside two sacks. The dead body was kept under water in a 'nola' (drain) in the nearby low lying paddy field which was in the Southern side of the railway line about 400 yards away from the PO. The body was tucked under leaves and twigs. In order to conceal evidence, the wife of the deceased Smt. Tukheswari Bora wiped-off the blood stains from the crime scene and washed off her garments. When they were examined in presence of witnesses, both the appellant and Smt. Tukheswari Bora admitted of having committed murder. The appellant led to the recovery of the dead body concealed by him. On the basis of the confessions, the weapon of offence i.e. the dao was also recovered from underneath a wooden stool in the house. Both the appellant and Smt. Tukheswari Bora had an illicit relationship.

(3.) This FIR was registered as Diphu P.S. Case No. 204/1993 u/s 302/301/34 IPC.