MRINAL BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 18.08.2010 passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No. 2/2010 convicting the appellant under Sections 302/201 IPC and sentencing him thereby to undergo imprisonment for life with fine of Rs. 5,000/- for his conviction under Section 302 IPC and further rigorous imprisonment for 3 years with fine of Rs. 1,000/- for the offence committed by him under Section 201 IPC has been challenged in this appeal. We have heard Mr. K. Sarma, learned counsel appearing on behalf of the appellant as well as Mr. Z. Kamar, learned Addl. P.P., appearing on behalf of the State of Assam.

(2.) The prosecution story, in brief, is that one Archana Barman, a young lady, was missing since 11.10.2007. On 13.10.2007, her brother Gonesh Barman lodged an FIR suspecting that his sister might have been killed by some one. On the basis of the said FIR, Kokrajhar P.S. Case No. 297/2007 under Sections 302/201 IPC was registered.

(3.) During the investigation, one silver chain and blood stained paddy leaves were recovered from a paddy field situated near the house of the informant. On 14.10.2007, the dead body of Archana Barman was exhumed from the land of the accused Mrinal Barman. The accused Mrinal Barman was arrested and a 'Khukri' was recovered from his house at his instance, which was allegedly kept concealed under the roof of his house. Inquest of the dead body was held and it was subjected to post-mortem examination. The accused in presence of villagers and police confessed his guilt. During investigation, Sushil Barman, Balak Barman and Sunil Barman were also arrested.