MANGRA KHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY the impugned judgment and order, dated 14. 07. 1997, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 36 (NL)/1995, the accused-appellant, namely, Mangra Kharia, stands convicted under Section 302, IPC and sentenced to suffer life imprisonment with fine of Rs. 500/- and, in default to pay the fine, to suffer rigorous imprisonment for a further period of one month.

(2.) THE prosecution's case, as unfolded at the trial, may, in brief, be stated as follows : On 09. 08. 1993, at about 4. 00 p. m. , when Bogiram Darjee was returning home, accompanied by Man Bahadur Darjee, after laying fishing-traps in his field, the accused-appellant came from behind and gave blows with "biriya" (i. e. , a split bamboo with pointed edges on both sides used for carrying bundles of paddy on shoulder) on Bogiram. The said blows fell on the head, legs, etc. of Bogiram, his head got cracked and brain matters came out. On witnessing the occurrence, Man Bahadur, out of fear, fled away. Bogiram's wife, Harkamaya Darjee, witnessed the whole occurrence from the court-yard of her house. She raised hue and cry, neighbouring people came and brought her husband to the house, her husband having succumbed to the injuries at the very place of occurrence. The accused-appellant came to Silanibari Out Post and the information given by him was entered into the form of GD Entry No. 112, dated 09. 08. 1993, at 6. 45 p. m. there. The accused-appellant was also arrested and, acting upon the information so furnished to the police by the accused-appellant, the police arrived at the house of the deceased and held inquest over his dead body. During investigation, the police also seized the said `biriya' (Mat. Ext. 1) by seizure list (Ext. 4 ). On completion of the investigation, police laid charge-sheet against the accused-appellant under Section 302, IPC.

(3.) DURING trial, the accused-appellant pleaded not guilty to the charge framed against him under Section 302, IPC. In support of their case, the prosecution examined as many as 9 witnesses. The accused was also examined under Section 313, Cr. P. C. and in his examination aforementioned, he denied that he had committed the offence alleged to have been committed by him, the case of the defence being that of total denial. On conclusion of the trial, the learned trial Court found the accused-appellant guilty of the charge framed against him under Section 302, IPC. The accused-appellant was accordingly convicted and the sentence, as indicated hereinabove, was passed against him.