BISWAJIT DEY S/O SRI TAPAN DEY, R/O VILL. AND P.O. GOROIMARI, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM Vs. THE STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 07.04.2014 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No.17(BGN)/2012 convicting the accused/appellant (hereinafter referred to as accused person) for the offence u/s 304 Part-II Penal Code and sentenced him to undergo rigorous imprisonment for 07(seven) years and also to pay a fine of Rs. 3000.00 (Rupees three thousand) and in default of payment of fine, further rigorous imprisonment for 06(six) months.

(2.) Being aggrieved and dissatisfied with the judgment aforesaid, the accused/appellant preferred this appeal alleging several infirmities in the impugned judgment. Various grounds raised in the appeal is that the learned Court below erred in law as well as in fact while assessing the evidence on records, that although the learned trial Court has held that prosecution had not been able to establish any motive strong enough to kill the deceased and also the enmity between the deceased and the appellant being not proved, but the learned trial Court had come to the conclusion that the appellant is guilty for committing the offence u/s 304 Part-II Penal Code. That the learned Trial Court failed to appreciate the facts that had there been any intention of the appellant to kill the deceased, he definitely would not have kept the dead body lying open on the back side of his house. That there was no eye witness to the incident in question and the presence of the appellant in his house at the time of occurrence and also immediately before and after was not proved.

(3.) The brief fact of the prosecution case is that the informant Sri Sujit Ch. Dey lodged an ejahar before the Officer-in-Charge, Bongaigaon Police Station stating inter-alia that on 29.06.2008 at night, his brother Arup Dey went to the house of the accused Biswajit Dey to watch Television, but the accused Biswajit Dey with a view to kill his brother, implanted some electric wires on the wall of his room. As a result, when his brother went to watch T.V by touching the electric wire, died following electrical shock.