PRAKASH RAJGARH ALIAS KOCHU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 14-12-1998. passed by the learned Sessions Judge, Sibsagar. in Sessions Case No. 66 (s-s)/96, convicting the accused-appellant under Section 302, IPC and sentencing him to undergo imprisonment fur life and pay a fine of Rs. l,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 6 months.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated thus : On 10-9-1993 at about 7.30 pm, the accused-appellant, who was a co-labourer and neighbour of deceased Maniram Munda, having found fencing of his house broken, came irr front of the house of the deceased and, upon being called by him, the deceased went out of his house to have a look at the place of the broken fencing. The accused, then assaulted the deceased by a dao. On hearing the cries of the deceased saying, "I am being cut", his wife, Smt. Phulmati Murah. came out with a lighted lamp in her hands and saw the accused and the deceased quarrelling and scuttling with each other and when she reached the place of occurrence, she found a dao lying at the place of occurrence. Phulmati picked up the dao and threw the same away, in the meanwhile, SMT. Renu. wife of the aeeused, came and when she (Renu) uttered, "Father of Anil, what are you doing there ? Go away", the accused fled away. The deceased was shifted in injured condition to the garden hospital, where the doctor declared him dead. Deceased Manirams wife, Phulmati, lodged written FIR (Ext. 1) at Demow Police Station and a case against the accused was accordingly registered. During the investigation, police held inquest over the dead body and also seized the said dao on the same being produced by Phulmati. On completion of the investigation, the police laid charge sheet against the accused under Section 302, IPC.

(3.) In all, prosecution examined 5 witnesses. The accused was, then, examined under Section 313, Cr.P.C. arid in his examination aforementioned, the accused 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. On conclusion of the learned trial, the learned trial Court, on finding the accused guilty of the charge framed under Section 302, IPC, convicted him accordingly and passed sentence against him as hereinabove mentioned.