ARJUN BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the judgment and order, dated 3-9-96, passed by the learned Sessions Judge, Dhemaji, in Sessions Case No. 29(DH)/1994, the appellant in this appeal, namely, Shri Arjun Biswas stands convicted under Section 302, IPC and sentenced to suffer imprisonment for life and pay a fine of Rs. 2,000.00 and, in default of payment of fine, suffer rigorous imprisonment for a period of 1 (one) year.

(2.) The case against the accused-appellant, as projected at the trial, may, in brief, be stated as follows : On 19-7-1992, at about 5.30 a.m., the accused-appellant, Arjun Biswas appeared at Dhemaji Police Station with a handleless blood stained dao in his hand and claimed that on that very day, i.e.. on 19-7-1992, at about 4.30 to 5.00 a.m., he had done to death his sister-in-law, Smt. Krishna Biwas, by giving her blows with dao, for, he had suspected that she had killed his (i.e., the accused-appellant's) elder brother, Arun Biswas. The information so given by the appellant was reduced to writing in the form of Ext. 6 and treating the same as First Information Report, Dhemaji P.S. Case No. 127/92 under Section 302, IPC was registered against the accused-appellant and the dao aforementioned was, vide seizure list (Exl.3) seized from the accused-appellant. On completion of the investigation, police. laid charge-shed 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. As many as 11 witnesses were examined by the prosecution. The accused-appellant was, then, 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 ease 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 mentioned hereinabove. was passed against him. Hence, the present appeal.