DOBO CHANDOGURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant stands convicted u/s 302 IPC and sentenced to undergo imprisonment for Me with fine of Rs.2,000/- or in default in payment of fine to suffer 6 months R.I. He has been convicted and sentenced by the learned Sessions Judge Dibrugarh vide judgment dated 7.4.93 delivered in Sessions Case No. 125(0)78. It is a case of murder of elder brother and that too in a ghastly manner. As the prosecution story goes, on 18th May, 1987 in the late night the accused appellant not only beheaded his elder bother Illiajar Chandoguria with a dao, he also took the chopped off. head and dao in his hand to the police station and produced the same before the police. A General Diary Entry was made on the basis of which police proceeded to the spot an inquest was held and on return to the police station report, Ext.P-5 was lodged by the Sub-Inspector E. Ahmed, PW 10 on the basis of which a case u/s 302 IPC was registered and taken under investigation. On completion thereof the accused was charged and tried for the above offence. His defence at the trial was one of plain denial of the prosecution story which of course was rejected by the trial Court and the appellant was convicted and sentenced as already noted above. Hence, this appeal.

(2.) As the appellant was unrepresented, Mrs. J. Bora, Advocate was appointed as amicus curiae. She accordingly appears. She is heard along with the learned Public Prosecutor.

(3.) As has also been noted by the trial Court there is no eye-witnesses to the occurrence. The prosecution case hinges on the extra-judicial confession made by the accused to his wife PW 1 after the incident. Learned amicus curiae submitted that the extra judicial confession is a weak type of evidence and can not be made foundation of conviction for an offence like murder. According to her there is no corroboration of the evidence of PW 1, from any other independent reliable quarter. Therefore, she urged that extra-judicial confession made by the accused to his wife PW 1 should be discarded.