BHIM GARH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 27.01.2014 passed by the learned Sessions Judge, Nagaon, in Sessions Case No. 316(N)/2012, whereby and where under the appellant has been convicted under section 302 Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000.00, in default to suffer rigorous imprisonment for a further period of 2 months.

(2.) A criminal investigation was set in motion on lodging an FIR on 23.06.2012 by Sri Jadav Gayan (PW-1), brother of the deceased, with the officer in-charge of Bagari Police Out Post alleging that at around 11.30 pm on 22.06.2012 the accused appellant Sri Bhim Garh, a resident of the same village, killed the informant's younger brother Sri Pratap Gayan by inflicting injuries on his neck with a pruning knife and dumped his dead body near his house. Based on the said FIR, Bagari P/P G.D.E. No.366 dated 23.06.2012 was initially registered and thereafter, Jakhalabandha PS Case No.85/2012 under section 302 Penal Code was registered. The police during investigation recorded the statement of the witness under section 161 CrPC, seized weapon of assault, got conduct of inquest and sent the dead body for post-mortem examination. On completion of the investigation, charge-sheet under section 302 Penal Code was filed by the investigating agency. The offence being exclusively triable by the court of Sessions, the same was committed by the learned SDJM, Koliabor, Nagaon, vide order dated 04.09.2012 and accordingly Sessions Case No.316(N)/2012 was registered. Thereafter charge under section 302 Penal Code was framed against the accused appellant on 05.10.2012, which when read over and explained to the accused, he pleaded not guilty and claimed to be tried. Hence the trial commenced.

(3.) During the course of trial the prosecution examined 8 witnesses, namely, Sri Jadav Gayan (PW-1), brother of the deceased who lodged the FIR (exhibit-1), Sri Raghubir Gour (PW-2), Sri Roky Gour (PW-3), son of the accused, Sri Sadhu Gour (PW-4), Sri Bishnu Gour (PW-5), Dr. Pulin Bhattacharyya (PW-6) who conducted autopsy, Sri Ram Singh Borah (PW-7), brother of the accused and SI. Bikash Borah (PW-8), Investigating Officer. The statement of the accused appellant under section 313 Cr.P.C was thereafter recorded. The accused case was of total denial. No defence witness was examined by the appellant.