RATNA BAHADUR CHETRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred from jail against the judgment and order of conviction dtd. 31/7/2019 passed by the learned Additional Sessions Judge, Tinsukia in Sessions Case No. 54 (CH) 2018 under Sec. 302 Indian Penal Code, thereby sentencing the appellant to undergo RI for life and fine of Rs.10,000.00. (Rupees Ten Thousand) with default sentence and to suffer further RI for one year.

(2.) The criminal law was set into motion by lodging of an ejahar on 19/3/2018 by one Sukraj Rai (PW1). It has been stated in the FIR that his father Arjun Rai was killed by the appellant by assaulting him with a bamboo lathi. Based on the aforesaid ejahar, the formal FIR was registered and investigation was done leading to laying of a Charge Sheet. The charges were accordingly framed by the learned Court and on its denial, the trial had begun in which the prosecution had examined 7 nos. of witnesses. The informant was examined as PW1, who had proved the FIR as Exhibit 1 and also the bamboo stick as material Exhibit 1. In his cross- examination, however, PW1 has clarified that he was not an eyewitness to the incident.

(3.) PW2 is a person who claims to have known both the informant and the accused. He stated that the appellant had confessed before him of killing the deceased with a bamboo stick. He had also proved the material Exhibit 1 wherein he had put his signature. The aspect of extrajudicial confession was reiterated by PW2 even in the cross-examination. PW3, in his deposition had stated that he saw the appellant sitting near the dead body of the father of the informant. He has however stated that nobody told him that the deceased was killed by the appellant.