BHOLLA SANKAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L.R. Mazumdar, learned counsel for the 2 appellants in Criminal Appeal No. 20/2022 and Crl.A. 52/2025 and Mr. D.K. Bagchi, learned Amicus Curiae, appearing for the appellant in Crl.A.(J) 117/2022. We have also heard Ms. A. Begum, learned Addl. PP for the State.

(2.) The three appellants herein have been convicted vide judgment dtd. 25/10/2021, passed by the Additional Sessions Judge (FTC), Cachar, Silchar, in Sessions Case No. 152/2009, under Sec. 302 and 201 IPC. They have been sentenced to undergo rigorous imprisonment for life with a fine of Rs.5000.00 each, in default, simple imprisonment for 3 months under Sec. 302 IPC. They have also been sentenced to undergo rigorous imprisonment for 3 years with a fine of Rs.5000.00 each, in default, simple imprisonment for 3 months under Sec. 201 IPC.

(3.) The counsels for the appellants submit that there is no evidence to link the appellants with the death of the deceased. Further, despite the Learned Trial Court having come to a finding that the discovery of the alleged weapon used for killing the deceased had been made on the oral disclosure statement made by appellant Bholla Sankar Singh, there was no disclosure statement made by the said Bholla Sankar Singh. Further, the weapon had not been sent for FSL examination. They also submit that the seizure of the blood stained clothes of the appellants do not in any manner prove that the appellants had killed the deceased, in the absence of proof that the blood on the seized clothes was human blood or that it was the blood of the deceased. The Learned counsels for the appellants submit that the appellants have been convicted on the basis of circumstantial evidence, pursuant to the conjectures and speculation made by the Learned Trial Court, without there being any evidence to show that the appellants had been with the deceased immediately prior to his death. They accordingly submit that the impugned judgment should be set aside.