GANESH TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dtd. 1/12/2017/5/12/2017 passed by the learned Sessions Judge, Diphu, Karbi Anglong in Sessions Case No.61/1988 (old)/ 242/17 (new) convicting the sole appellant under Sec. 302 of the Indian Penal Code (IPC) for committing the murder of Jiten Saikia and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs.2000.00, in default, to suffer rigorous imprisonment for another six months.

(2.) The prosecution story, in a nutshell, is that on 10/5/1988, at about 1-45 p.m. the appellant Ganesh Tanti had hacked the deceased Jiten Saikia with a sharp dao on the neck causing his instantaneous death. On 10/5/1988 itself, the brother-in-law of the deceased viz., Sri Manik Borgohain (PW-2) had lodged a written ejahar before the Officer-in-Charge of the Bokajan Police Station, Bokajan informing him about the incident. Based on the aforesaid ejahar, Bokajan P.S. Case No.111/1988 was registered under Sec. 302 of the IPC. Thereafter, the police took up the case for investigation. During investigation, confessional statement of the accused/appellant was recorded by the Magistrate. On completion of investigation charge-sheet was submitted under Sec. 302 of the IPC. Since the appellant had pleaded not guilty, he was subjected to trial. Accordingly, charge was framed against the appellant/ accused under Sec. 302 of the IPC.

(3.) During the course of trial, the prosecution side had examined as many as 12 witnesses including the Investigating Officer, who had conducted investigation in connection with the police case and submitted charge sheet, as PW-9. PW-5 was examined as an eye-witness to the occurrence. After recording of evidence of the prosecution witnesses, the statement of the accused/appellant was recorded under Sec. 313 of the Cr.P.C. The appellant, however, did not adduce any evidence in his defence.