SUMAN TOPPO Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred from jail against the judgment and order of conviction dtd. 28/1/2021 passed by the learned Sessions Judge, Udalguri in Sessions Case No. 117/2018 (GR Case No. 05/18) under Ss. 302/448 of the Indian Penal Code, thereby sentencing the appellant to undergo RI for life and fine of Rs.10,000.00 (Rupees Ten Thousand) in default further imprisonment for three months under Sec. 302 Indian Penal Code and also to undergo six months with a fine of Rs.500.00 (Rupees Five Hundred) only in default further imprisonment for 15 days under Sec. 448 Indian Penal Code.

(2.) The criminal law was set into motion by lodging of an Ejahar by the PW1, dtd. 2/1/2018. As per the same, on the previous night, the appellant had assaulted the deceased by a branch of tree while he was sleeping, causing his death. The Ejahar was accordingly registered and the investigation was conducted leading to laying of the Charge Sheet. The charges were accordingly framed and on its denial, the trial had begun in which, the prosecution had adduced evidence through 10 nos. of witnesses.

(3.) PW1 is the informant, who had deposed that she was informed by one Basanti (PW2) who was a resident of the same Tea Garden Line regarding the incident. She had also deposed regarding the surrender of the appellant before the Police. In the cross-examination, however, she had stated of not telling before the Police that PW2 had informed her.