HARAKANTA BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Boko P.S Case No.21/1997 was registered u/s 346 IPC on the basis of the FIR that was lodged by the PW-1 to the effect that since August, 1996 her son i.e. the deceased was untraceable. It was stated in the FIR that the accused/appellant along with one Saraswati Bibi had confined the deceased as per the information gathered from the persons indicated in the FIR. The FIR was lodged on 11.02.1997, which was nearly six months after the deceased became untraceable.

(2.) After lodging of the FIR and during investigation, the purported dead body of the deceased was recovered from a jungle where the body was buried. In fact a skeleton was recovered. The skull was sent for Forensic Science Laboratory examination and the prosecution relied upon the report furnished by the Forensic Science Laboratory authority. As per the said report, the skull was that of the deceased.

(3.) Charge against the accused/appellant along with Saraswati Bibi having been framed u/s 302/201 IPC, they were sent for trial. The case being exclusively triable by the Court of Sessions, the leaned Judicial Magistrate 1st Class, Kamrup, committed the case to the Court of Sessions for trial. Accordingly, the case being Sessions Case No.121 (K)/2004 was registered. During trial, the prosecution examined 14 witnesses as PW-1 to PW-14. The defence also examined one witness as DW-1. The accused/appellant was examined u/s 313 Cr.P.C. The learned trial Court having convicted the accused/appellant on the basis of the circumstantial evidence coupled with the alleged confessional statement u/s 164 Cr.P.C, he has approached this Court by filing the instant appeal. Be it stated here that the other accused, namely, Saraswati Bibi has been acquitted on benefit of doubt.