LAGHU MAJHI ALIAS BHARAT Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 29.6.98, passed by the learned Addl. Sessions Judge, Dibrugarh, in Session Case No. 63/97, convicting the accused-appellant, Laghu Majhi alias Bharat, under Section 302 IPC and sentencing him to suffer imprisonment for life and pay a fine of Rs. 2000/- and, in default of payment of fine, to suffer rigorous imprisonment for a further period of one year.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows: On 14.1.95, which was the day of Magh Bihu (i.e., a social festival in Assam) at about 5,30p.m., when the accused-appellant, Laghu Majhi @ Bharat, came to the house of his co- villager, Lila Mech, to make a courtesy call, on the occasion of Bihu, he was served with rice beer by Subhadra Mech, wife of Lila Mech. While the accused-appellant was present there, Anil Mech's nephew, Babai (since deceased) also came there and he too was offered cake, etc. After a short while, their co villagers, Anil Mech and Nipen Konwar, also arrived there and they too were served with rice beer, etc. After sometime, the accused-appellant went out side the house telling that he was going to make water and, shortly after him, Babai too went out. When Lila Mech, Anil Mech and Nipen Konwar were involved in their conversation inside Anil Mech's house, Nipen heard the cries of Babai saying, "I am dying, I am dying. Laghu has killed me, catch him, catch him." On being told by Nipen that something had happened outside, Lila Mech, Anil Mech and Nipen hurriedly came out of the house and saw Babai lying at the courtyard and the accused-appellant Laghu fleeing away. On reaching near Babai, these persons found that he had already breathed his last and he had three cut injuries on his chest. On a First Informaiton Report regarding the occurrence having been lodged, on the following day, i.e., on 15.1.95, at about 8.30 a.m., at Rajgarh police out post, a. G.D. entry was made in this regard, police visited the place of occurrence and held inquest over the deadbody. When the investigation was on, the accused-appellant, on 16.1.95 at 3.30 pm., surrendered at the police out post and was accordingly put under arrest. 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 8 witnesses. The accused-appellant was, then, examined under Section 313 Cr. P.C. and in his examination aforementioned, the accused- appellant denied that he had committed the offence alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence.