BUBURAM DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal from Jail is directed against a Judgment and Order dtd. 22/12/2016 passed by the Court of learned Sessions Judge, Nalbari in Sessions Case no. 129 of 2011. By the Judgment and Order dtd. 22/12/2016, the accused-appellant has been convicted for the charge of murder under Sec. 300, Indian Penal Code [IPC]. For finding him guilty for the charge of murder, the accused-appellant has been sentenced under Sec. 302, IPC to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000.00, in default of payment of fine, to undergo simple imprisonment for another two months. It has been ordered that the period of detention already undergone by the accused-appellant is to be set-off against the period of sentence.

(2.) The investigation commenced pursuant to institution of a First Information Report [FIR] by one Ajit Saloi [P.W.1] as the informant before the Officer InCharge, Tihu Police Station at around 09-20 a.m. on 18/2/2011. On receipt of the FIR, the Officer In-Charge registered the same as Tihu Police Station Case no. 14/2011 for the offence under Sec. 302, IPC.

(3.) In the FIR [Ext.-1-1], the informant [P.W.1] had inter alia stated that Kaniska Saloi, who was the informant's younger brother, had a grocery shop by the side of the road in front of the residence of the informant and Kaniska Saloi. At about 07-45 a.m. on that day, that is, on 18/2/2011, Kaniska Saloi was having a conversation with one Ambika Barman [P.W.4], who used to reside in front of the informant's house. At that point of time, the accused coming to the place of occurrence with a dao on his hands, stopped near them. After a brief conversation amongst the three, the accused had suddenly hacked Kaniska Saloi on his neck from behind with the dao. It was further mentioned that after killing Kaniska Saloi, the accused ran away from the place. Expecting that his brother would survive the assault, the informant and others took him to Tihu PHC for treatment. But the doctors there declared Kaniska Saloi dead.