BINUD BIKASH SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE prosecution story in this case is that one Lakhi Gogoi, son of late Ramakanta Gogoi of Amguri Chraimuria Goan, lodged an ejahar with Amguri Police Station on 05.09.2008 stating that at about 1.30 a.m. i.e. on the previous night his brother Dipak Gogoi alias Bogai was killed by some miscreants at his residence while he was sleeping. The murder was committed by sharp cutting weapons. Amguri P.S. Case No.79/2008 under Sections 302 of the Indian Penal Code was registered thereby and investigation was immediately started. The investigating officer visited the place of occurrence, prepared a sketch map, held inquest on the dead body by an Executive Magistrate and thereafter sent the dead body for post mortem examination. He seized incriminating articles from the place of occurrence and recorded statements of witnesses. In course of the investigation Mrs. Minati Borah Gogoi, the wife of the deceased, Manas Gogoi and one Binud Bikash Saikia were arrested. On the showing of Sri Binud Bikash Saikia some more articles like Khukri, clothes and gloves said to have been involved in commission of the offence were also recovered in presence of witnesses. Accor-dingly, all these three arrested accused persons were sent up for trial by submitting charge-sheet under Sections 302/34 IPC.

(2.) THE learned Chief Judicial Magistrate, Sivasagar, by his order dated 05.05.2009 committed the case to Sessions and thereupon Sessions Case No.70(S-S)/2009 was registered. The learned Sessions Judge framed charge under Section 302/34 IPC against all the three accused persons as follows :-

(3.) IN course of trial prosecution examined as many as 28 witnesses including the I.O. and the M.O. and exhibited 26 documents and material exhibits. Upon consideration of these materials on record and after examining the accused persons under Section 313 Cr.P.C. the learned Sessions Judge by his judgment and order dated 18.08.2012 acquitted accused Manas Gogoi from the charge but convicted accused Binud Bikash Saikia and Smt. Minati Borah Gogoi under Section 302/34 IPC and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for another six months each. This judgment and order of conviction and sentence has been called in question in the present two appeals, viz., Crl. Appeal (J) No.119/2012 and Crl. Appeal No.276/2012. Since both the appeals are based on common evidence they are heard together and are disposed of by this common judgment.