BHUPEN SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated October 13,1999 passed by the learned Addl. Sessions Judge, Dibrugarh in Sessions Case No. 141/98. The learned Sessions Judge convicted the appellant Bhupen Sarmah under section 302 of the Indian Penal Code and sentenced him to imprisonment for life and to pay a fine of Rs. 2,000, in default, to suffer rigorous imprisonment for another one year. The appellant was also sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 2,000, in default, to suffer rigorous imprisonment for another six months for his conviction under section 201 of the Indian Penal Code.

(2.) We have heard Mr. N.C. Das, learned senior counsel for the appellant and Ms. B. Saikia, learned Public Prosecutor, Assam.

(3.) One Sri Tara Prasad Doley (P.W.4) lodged an ejahar before the Officer-in-Charge of Barbaruah Police Station on November 26,1995 alleging that his son Sri Jogesh Doley went to Bogeebil Chapari in search of a missing buffalo about a month back. He did not return home. The complainant enquired about the whereabouts of his son from Sri Bhupen Sarmah, the appellant. Suspicion arose thereof and from the enquiry the informant could gather that none but the appellant Bhupen had killed his son. When interrogated thoroughly the appellant admitted that he had killed Jogesh and had buried the dead body in the Brahmaputra Chapari.