SATYA BOWRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The prosecution story is that one Tara Dhanowar lodged an ejahar with Officer-in-Charge, Lahowal Police Station on 04.06.2007 informing that on 03.06.2007 at 10 p.m. one Satya Bowri killed Dhaniram Bhuyan in the house of Bihuram Bowri by dealing blows with a mitt dao. Lahowal P.S. Case No. 85/2007 under Section 302 of the IPC was registered accordingly and Criminal Appeal (J) No. 124/2013 investigation was started. Police took Satya Bowri into custody and submitted charge sheet against him and thereupon learned Judicial Magistrate First Class, Dibrugarh committed the case to session by his order dated 26.07.2007. The learned Sessions Judge thereafter framed a charge under Section 302 of the IPC against the accused. On being read over the charge to him, the accused pleaded not guilty and claimed to be tried.

(2.) In course of trial, prosecution examined as many as 7 witnesses. The learned Sessions Judge thereafter convicted the accused under Section 302 Code of Criminal Procedure. On being challenged by the accused, this court remanded the appeal to the learned trial court again for allowing cross examination of the PWs. Thereafter two court witnesses being CW 1 and CW 2 were examined and the prosecution witnesses were cross examined. But after perusal of entire records and after hearing the accused under Section 313 of the Code of Criminal Procedure, the learned Sessions Judge again convicted the accused under Section 302 of the IPC and sentenced him to suffer R.I. for life and to pay a fine of Rs. 2,000/- in default, R.I. for another 2 months. This judgment and order dated 19.09.2013 has been called in question in the present appeal.

(3.) We have heard Ms. RS Choudhury, learned Amicus Curiae for the appellant and Ms. S Jahan, learned Additional Public Prosecutor. We have perused the evidence available on record.