SONABASI BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 374(2) of the CrPC, 1973 against the judgment and order of conviction and sentence dtd. 3/5/2019 passed by the learned Sessions Judge, Darrang, Mangaldai in Sessions Case No. 30(DM)/2015 convicting the accused Sonabasi Biswas and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000.00 in default of payment of fine to undergo further RI for one year under Sec. 302 of the IPC.

(2.) The criminal law was set into motion by lodging of an Ejahar on 21/3/2010 by one Muchiram Biswas (PW1) alleging inter alia that on the said day at about 9 PM, the accused persons including the appellant had trespassed into the house of his son, Sibashi Biswas and injured him severely by stabbing with dagger and also killed his daughter-in-law, Bisaka Biswas by dealing blows with dagger. It was also stated that there was dispute regarding landed property. Based on the said Ejahar, police case being MLD PS Case No. 264/2010 was registered under Ss. 147/448/326/302 of the IPC and investigation was accordingly made. After completion of the investigation, the police had laid the chargesheet and accordingly charges were framed. As the charges were denied, the trial had begun, in which the prosecution had adduced evidence through 10 nos. of prosecution witnesses.

(3.) PW1 is the informant who had deposed regarding the incident and his lodging of the Ejahar, which was proved as Exhibit 1. He had deposed of witnessing five persons running away from the place of occurrence. In the cross examination, however, he had admitted that there was no electricity connection to the house of the deceased.