ARJUN KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19.08.2011 passed by the learned Sessions Judge, Jorhat, in Sessions Case No.124(JJ)/2008, whereby and whereunder the learned Sessions Judge has convicted the accused appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a further period of 2(two) months.

(2.) On the basis of the G.D. Entry No.404, dated 26.06.2008, recorded by the Officer-in-Charge of Rowriah Police Out Post under Jorhat Police Station, based on the information furnished by the Wing Commander of Air Force Hospital about the death of the wife of the accused appellant due to the burn injuries sustained by her, the investigating agency started the investigation. Subsequently a written first information report was also filed by Sri Binud Borah (PW-1), on 27.06.2008 at about 7.30 P.M. alleging that on 25.06.2008 the accused appellant set her wife on fire, who has confessed before him as well as the other members of the public, based on which Jorhat P.S. Case No.325/2008 registered on 27.06.2008, under Section 302 IPC. During investigation, the police visited the place of occurrence, recorded the statements of the witnesses under Section 161 Cr.P.C., cause conduct of the inquest and also sent the dead body of the deceased for post mortem examination. On completion of the investigation, the police submitted the charge-sheet against the accused appellant under Section 302 IPC. The learned Magistrate has committed the accused to the learned Sessions Judge for trial on 05.11.2008, since the offence alleged was exclusively triable by the Court of Sessions. Sessions Case No.124(JJ)/2008 was thereafter registered. The learned Sessions Judge on 25.11.2008 has framed the charge under Section 302 IPC against the accused appellant, which when read over and explained to him, he pleaded not guilty and claimed to be tried. Hence the trial commenced.

(3.) The prosecution in order to bring home the charge has examined 9(nine) witnesses, namely, Sri Binud Borah (PW-1), who has lodged the first information report; Sri Dinesh Das (PW-2); Sri Bipul Ch. Borah (PW-3); Sri Bubul Bora (PW-4); Smt. Rinju Bora (PW-5); Dr. Jitendra Nath Gogoi (PW-6), who conducted the autopsy on the dead body of the deceased; Sri Gauri Sankar Sharma (PW-7), learned Executive Magistrate, who has done the inquest; Sri Damarudhar Bora (PW-8), S.I. of police, who conducted part of the investigation and Sri Ghana Kunwar (PW-9), S.I. of police, who completed the investigation and submitted the charge-sheet. On completion of recording of the evidence of the prosecution witnesses, the statement of the accused under Section 313 Cr.P.C. was also recorded. The accused initially though wanted to examine the defence witnesses, he, however, subsequently has given up examination of any defence witnesses. The learned Sessions Judge upon appreciation of the evidence adduced by the prosecution in support of the charge, has recorded the judgment of conviction, based on the circumstantial evidence, there being no eye witness to the occurrence. Hence the present appeal.