SWANI MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dt. 2.6.95 passed by the learned Add. Sessions Judge in Sessions Case No. 111(a)/93 convicting the appellant under Sec. 302 IPC and sentencing him thereunder to R.I. for 10 years and certain amount of fine.

(2.) The case is short is that at or about 10.40 A.M. on 1-6-92 PW- 2 Shri Naran Munda lodged a complaint at Eiswanath Chariali PS alleging, inter alia, that on 31-5-92 at about 5 PM Kaiai Munda (since deceased) of Sakomato Tea Estate was killed by the appellant with an arrow. It was further stated in the said complaint that the appellant was the younger brother of the deceased. Dead body of the deceased was till then lying in the house of the deceased himself. The villagers detained the appellant. Accordingly, police was requested to take necessary action regarding dead body of the deceased and for punishment of the offender. On the basis of the said complaint, an FIR under sec. 302 IPC was registered at the said Police Station against the appellant.

(3.) Police after usual investigation submitted charge sheet against the appellant only under sec. 302 IPC. In due course of time, case was committed to the Court of the learned Sessions Judge, Sonitpur, Tezpur The case was ultimately transferred to the Court of the learned Addl. Sessions Judge, Sonitpur, Tezpur for trial and disposal. Learned, trial Court upon consideration of the materials on record, framed charge under sec. 302 IPC against the appellant to which he pleaded not suilty. In course of the trial, prosecution examined in all 7 PWs. None was examined on behalf of the appellant. Defence of the appellant was that of denial of his involvement with the crime.