LAKHINATH CHUTIA ALIAS LAKHINADAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The criminal proceeding was set in motion on lodging the First Information Report No. 202/99 (Ext. 2) by Rajen Gowala (who has not been examined by the prosecution) in Rajgarh Police Out Post in the district of Dibrugarh under Tingkhong Police Station wherein it has been alleged that on 19-2-1999 the accused appellant Lakhinath Chutia killed the complainant's sister Reena Goala and kept her dead body concealed somewhere. On the basis of the said FIR, Tingkhong Police Station case No. 12/99 under Section 302/201, IPC was registered. The investigating agency consequently conducted the investigation and having found materials against the present appellant submitted the charge-sheet under Section 302/201, IPC. The case being exclusively triable by the Court of Sessions, it was committed to the Court of Sessions which framed the charge against the accused appellant on 1-10-1999. The charge being read over and explained to the accused appellant, he denied the same and pleaded not guilty and claimed to be tried. Hence the trial commenced.

(2.) The prosecution in order to bring home the charges against the appellant examined eight witnesses namely Akash Chutia (P.W. 1), Bhaskar Neog (P.W. 2), Papu Singh (P.W. 3), Gopal Limboo (P.W. 4), Kanak Phukan (P.W. 5), Nandalal Jaysewal (P.W. 6), apart from Dr. M. N. Gogoi (P.W. 7) who has conducted the autopsy on the body of the deceased Reena Goala and Sanjib Kumar Baruah the Investigating Officer as P.W. 8. During the course of trial P.W. 1, P.W. 2, P.W. 3 and P.W. 5 were, however, declared hostile as they did not support their version before the Police recorded under Section 161, Cr. P.C. On being permitted these witnesses were cross-examined by the prosecution. The defence did not adduce any evidence. The learned Judge after closer of evidence, examined the accused/appellant under Section 313, Cr. P.C. The trial Court on appreciation of evidences on record convicted the appellant under Section 302/201, IPC vide judgment and order dated 21-12-2000 passed in Sessions Case No. 81/99 and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default to suffer rigorous imprisonment for 5 (five) years for commission of offence under Section 302, IPC and to undergo rigorous imprisonment for 4 (four) years and to pay a fine of Rs. 4,000/-, in default to suffer rigorous imprisonment for 2 (two) years under Section 201, IPC. Hence this appeal from the jail.

(3.) We have heard Mr. B. Chakraborty, learned Amicus Curiae for the appellant and Mr. D. Das, learned Public Prosecutor, Assam for the respondents.