ARUN KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374 of the Code of Criminal Procedure, 1973 [corresponding to Sec. 415 BNSS] against the judgment and order dtd. 8/11/2023 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 38/2003 (GR Case No.559/1999) under Sec. 302 of the Indian Penal Code [corresponding to Sec. 103 BNS], thereby sentencing the appellant to undergo SI for life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) in default further RI for two years and under Sec. 27(2) of Arms Act sentencing the appellant to undergo RI for 7(seven) years and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) in default further RI for two years more.

(2.) There is a chequerd history in this case and in fact the trial was held afresh after a remand order passed by a Division Bench of this Court dtd. 7/8/2007. However, it is necessary to give a background of the case in brief.

(3.) The criminal law was set into motion by lodging of an Ejahar by PW3 on 20/8/1999. It was stated that at about 11:00 AM an incident of firing had taken place in the premises of the Urbashi Cinema Hall at Golaghat in which, a young boy of 18 years was killed. The informant however had stated that the gunshot was by an unknown person. Accordingly, investigation was made and on 4/4/2003 the charges were framed against the appellant. On denial of the charge, the trial had begun in which the prosecution had examined 10 nos. of witnesses.