ANIL PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the judgment and order, dated 12.3.2003, passed in Sessions Case No. 6 (S-C) 2002, the learned Additional Sessions Judge No. 2, Sivsagar, has convicted the accused-appellant under Section 302 IPC and sentenced him to suffer rigorous imprisonment for life with a fine of Rs. 2,000/- and, in default of payment of fine, to suffer rigorous imprisonment for a further period of one year.

(2.) The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows: On 13.01.1997, at about 7/8 P.M., at Laichang Gaon, the villager had assembled, on the occasion of Bihu, at a place, where Ihey had organized a feast. The crowd, which had so assembled there, included men, yvomen and children of the said village. When some of the villagers were warming themselves, sitting by the side of fire, which had been lit by the villagers, the accused-appellant appeared there. Diganta Phukan (since deceased) was also present there. When Diganta Phukan stood up and proceeded to the main camp (Bhela Ghar), the accusedappellant followed him, took out a weapon, which looked like 'Khukri or dao', and gave blows with the same on Diganta Phukan. The accused-appellant, at the same time, shouted that he would kill all others. Hearing the shouts of the accused-appellant, those, who had as- isembled there, fled away. None of those, who had witnessed the occurrence, however, informed the other co-villagers and/or the members of the family of the said deceased. On the following day, i.e., on 14.01.1997, PW7 (headman of the said village), on coming to know that a dead body was lying near a drain tin the village, went there, saw the said dead body and orally reported the matter to Sepon Out-post. The In-Charge of the said out post made, on the basis of the oral information so given by the said headman (PW7), an entry in the General Diary, came to the place, where the said dead body had been found and held inquest over the same. After the police had already found, the said dead body, PW 1 (Debananda Phukan), brother of the said deceased, lodged a written Ejahar with the police and treating the same as First Information Report, Moran police Station Case No. 06/97 under Section 302IPC, was registered against unknown assailant. On completion of investigation, police laid charge-sheet against two accused persons, namely, Anil Phukan and Diganta Phukan, under Section 302 read with Section 34 IPC.

(3.) During trial, to the charge framed under Section 302, read with Section 34 IPC, bath the accused aforementioned pleaded not guilty. In support of their case, prosecution examined altogether 10 witnesses. The two accused were, then, examined under Section 313 Cr.P.C. and in their examinations aforementioned, both the accused denied that they had committed the offence alleged to have been committed by them, the case of the defence being that of total denial. No evidence was, however, adduced by the defence. On conclusion of the trial, the learned trial Court, while acquitting the accused Diganta Phukan, found the present accused-appellant guilty of the charge under Section 302 IPC and convicted him accordingly and passed sentence against him as mentionedjiereinabove. Aggrieved by his conviction and the sentence passed against him, the accused-appellant has preferred this appeal.