BIJOY BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Hie appellants stand convicted u/s 302 IPC and sentenced to undergo imprisonment: for life, by Additional Sessions Judge at Cachar, Silchar in Sessions Case No. 10/92 vide his judgment dated 26.4.93.

(2.) Prosecution case, as can be gathered from the FIR stated in brief was that on 2.1.91, around 6 P.M. Sutikumar Rajbangshi(for short Suti)who had left home earlier for a walk out failed to return, till late in the evening and naturally therefore his elder brother P.W. -1 Nandkumar got worried and panicky. It was in the small hours of third of morning - around 5-6 A.M. he came to know from few boys that the dead body of Sun' was seen lying at Patachera, near M.E School, Harinagar. He accordingly rushed to the place and found Suti's dead body, lying with multiple injuries thereon. He suspected that unfortunate incident was the result of an eternal triangle of a love affair which Suti was secretly carrying on with P.W.-5 Dipali Barman, who turnd hostile at the trial. Accused Bijoy was in love with Dipali. An 'Ejahar' ext. P-l was lodged at police station Joypur, resulting in registration of a case under Section) 302 IPC which was taken under investigation by P.W.-12.

(3.) P.W.-12 proceeded to the spot, held inquest as per Ext. 2, the dead body was sent for post-mortem examination, a sketch map Ext. 5 was prepared. The informant: P.W-1 was examined and his statement recorded along with Bimal, Dipali and Mohin Barman who were also sent for recording of their statements u/s 164 Cr.P.C. Accused Pancham was arrested and a dagger was recovered at his instance. Bijoy Barman was taken into custody on 4.1.91. The accused were produced before Judicial Magistrate for recording their confessional statements but they declined to make any such statement. On completion of investigation the accused were charge-sheeted and tried for the above offence, they pleaded not guilty to the charge, the trial Court however found them guilty, hence this appeal.