SANJIB DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Alam, learned counsel for the accused/appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam. This appeal is directed against the judgment of conviction dated 27.05.2005 of the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 219(K)/2000 convicting the accused/appellant u/s. 307 IPC and sentencing him to undergo rigorous imprisonment for 03(three) years and also to pay fine of Rs. 3000/- (Rupees three thousand) and in default, to undergo further rigorous imprisonment for 06(six) months.

(2.) On the basis of the FIR lodged by the PW-1 with the Boko police station, Boko P.S. Case No. 95/2000 was registered u/s. 326/307 IPC. The FIR was lodged on 01.08.2000 alleging that on 28.07.2000, his brother Thanuram Kalita (PW-3) while coming out from the house of one Ramani Choudhury (PW-2) after doing the days work, there met the accused/appellant who was on his bicycle. The injured PW-3 was taken to river side (River Singra), where the accused/appellant assaulted him in order to kill him and thereafter thinking him to be dead, threw him into the river.

(3.) On receipt of the FIR, the police swung into action and carried out the investigation and thereafter submitted charge sheet u/s. 326/307 IPC against the accused/appellant. Thereafter, charges were framed against the accused/appellant u/s. 326/307 IPC and he having pleaded not guilty and claimed to stand trial, trial started. Defence case was a total denial and the accused/appellant pleaded not guilty in his statement recorded u/s. 313 Cr.P.C. Raising the following points, the learned trial Court having answered the same in the affirmative with the aforesaid sentence imposed on the appellant, he has preferred this appeal. The points that were taken for determination by the learned trial Court are as follows:--