BAKUL BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 30.11.99, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 43(J) of 1995, the accused-appellants, namely, Bakul Bora (A1) and Bup Bora (A2) stand convicted under Sections 302 and 201 read with Section 34 of the IPC and sentenced to suffer, for their conviction under Section 302 IPC, imprisonment for life and pay a fine of Rs. 500/- each and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month and to suffer, for their conviction under Section 201 IPC, rigorous imprisonment for a period of three years each with fine of Rs. 500/- and, in default of payment of fine, rigorous imprisonment for a further period of one month, both the sentences having been directed to run concurrently.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows : On 01.08.92 at about 5 pm, Putu Bora (since deceased) went to have his bath at Aathubhanga rivulet and, thereafter, he was found missing. On an information lodged, in this regard, by Jitu Bora, elder brother of Putu Bora, with the police, at Pulibor police station, GD Entry No. 93/92 was made and on the following day, i.e,, on 02.08.92 at about 4 a.m., Putu's dead body was found floating in the said rivulet. On being informed of the same, police registered UD Case No. 13/92, dated 02.08.92, and during the course of a preliminary enquiry, police arrived there and held inquest over the said dead body. The post mortem examination, conducted on the said dead body, revealed that Putu's death was homicidal in nature. Thereafter, on the basis of a written Ejahar, lodged at the said Police Station, by Sub Inspector of Police Bhupen Sharma, Pulibor PS case No. 81/92 under Sections 302/34 IPC was registered against unknown culprits treating the said Ejahar as the First Information report. During the course of investigation, accused-appellant, Bakul Bora (A1) also produced before the police apiece of wood, which was allegedly used as an instrument of killing the said deceased, Putu Bora, and the same was seized. The two accused-appellants, namely, Bakul Bora and Bup Bora (A1 & A2) made judicial confessions, which were recorded under Section 164 Cr. PC. On completion of the investigation, police submitted charge sheet not only against the two accused appellants, namely, Bakul Bora and Bup Bora, but also against two others, namely, Pranab Bora and Bipul Barman. The accused, Bipul Barman, however, absconded.

(3.) During trial, the three accused persons, namely, Pranab Bora (since acquitted) as well as the present two accused-appellants pleaded not guilty to the charges framed against them under Sections 302 and 201 IPC read with Section 34 of the IPC.