KUMRU BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against a judgment dtd. 17/2/2020 passed by the Addl. Sessions Judge-2 (FTC), Tinsukia in Sessions Case No. 52(T)/18 convicting the appellant and sentencing him to undergo with Life Imprisonment u/s 302 IPC and a fine of Rs.5,000.00 (Rupees Five Thousand only), in default the accused shall have to undergo another rigorous imprisonment for 1 (one) year.

(2.) The criminal law was set into motion by lodging of an FIR on 18/2/2018 by one Ashok Chik (PW2), who is the brother of the deceased Sankar Chik. In the said FIR, the informant did not name anybody as accused and the allegation was that some unknown miscreant had left his younger brother near the Kali Mandir after killing him. On the basis of the FIR, the investigation was done whereafter the charge sheet was submitted. On framing of the charges and denial thereof, the formal trial had begun in which 15 numbers of prosecution witnesses were examined and certain documents were also exhibited including the sketch map. Apart from the statements made before the police under Sec. 161 of the Cr.P.C., the statements of 3 nos. of witnesses were also recorded under Sec. 164 of the Cr.P.C. After completion of the evidence, the appellant - accused was examined under Sec. 313 of the Cr.P.C. where he had denied the evidence against him.

(3.) After consideration of the materials of record including the evidence, the impugned judgment has been passed which is the subject matter of challenge.