SWAPAN DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973. By the impugned judgment and order dtd. 12/9/2019, the learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 31/2005 (GR Case No. 238/2002) arising out of the Bokajan Police Station Case No. 89/2002 has convicted the accused / appellant under Sec. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000.00, and in default of payment thereof to suffer further simple imprisonment of 6(six) months. The appellant has been in jail since 12/9/2019 till date.

(2.) We have heard Shri M. Islam, learned counsel for the appellant. We have also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam.

(3.) An FIR was lodged on 21/7/2002 by one Krishna Choudhury (PW1) on the death of his elder brother, Gopal Choudhury. It was narrated that on the previous night at about 9.30 PM, his brother, while coming home by riding a bicycle after purchasing ration was killed by the appellant in front of the factory of the Lahorijan Tea Estate near the railway track and when he was trying to bury the deceased in the marshy land, people caught him red handed. It has been stated that since the last three months the appellant and the deceased were working together and therefore, it was assumed that the incident had taken place because of some monetary issues. Based on the aforesaid FIR, Bokajan Police Station Case No. 89/2002 was lodged and investigation was made leading to submission of a charge sheet. As the appellant had pleaded not guilty the trial was started. In this said trial, 8 nos. of prosecution witnesse (PW) were examined and the informant was examined as PW1.