RAJU SAWTAL @ CHOWTAL Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The appellant Raju Sawtal @ Chowtal has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/- with default stipulations for causing the death of Gopal Horo on 16.09.2010 at around 5:30 PM, inflicting stab wounds by means of a knife.

(2.) On the same day at around 5:40 PM Yahijuddin Ahmed (PW- 10), who was serving as the Sub-Inspector of Police at Borholla Police Station received telephonic information from Dibakar Singpho (PW-8), who was the Village Defence Party Secretary of Panjan, about the incident of murder and the same was entered in the General Diary Register of Borholla Police Station, being G.D. Entry No. 218 dated 16.09.2010. Acting on the said Ejahar the said PW-10 visited the place of occurrence at Panjan Tiniali and found the dead body of Gopal Horo lying at the said Tiniali. On 16.09.2010 itself, at around 10 PM, a written Ejahar was received from the younger brother of the deceased i.e. Mathu Horo (PW1). As per the written Ejahar, the appellant Raju Sawtal killed Gopal Horo at about 5:30 PM of 16.09.2010 by stabbing with a knife at Panjan Tiniali. The said written Ejahar was registered as Borholla P.S. Case No. 23/2010 under Section 302 IPC. PW-10 being entrusted with the charge of investigation, recorded the statement of witnesses, held inquest over the dead body, sent the corpse for post-mortem examination. On 16.09.2010 at around 8:40 PM, a blood stained towel was seized vide Ext.-3 seizure list, followed by the seizure of one long dragger and one black leather sheath on 17.09.2010 at 5 PM in the presence of witnesses, on being led and showed by the appellant.

(3.) During the course of investigation, the appellant was also produced before Smt. Bipakkhi Borthakur (PW-11), Judicial Magistrate, 1st Class, Jorhat for the recording of his statement under Section 164 Cr.P.C. Although the appellant appeared before PW-11 on 18.09.2010, however, his confessional statement was recorded on 20.09.2010, on being produced from judicial custody. The said statement under Section 164 Cr.P.C. is Ext.-8.