BISHWAJIT SAHA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The sole appellant Biswajit Saha has been convicted under Sec. 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine and default stipulations for causing the death of Diganta Mahela @ Niku, then aged about 18 years, by inflicting two wounds with the Injury No. 2 which proved to be fatal

(2.) Ejahar in the case was lodged by the mother of the deceased Smti Jyotsna Basumatari ( PW-10) stating that on 04.10.1995 at around 130 P.M., the named accused persons, including the appellant, had stabbed her son with a dagger on the road near Dimasa Club. She learnt about the incident from persons named in the said ejahar, which also included the name of Smti Pranita Basumatari (PW-6). She stated that her son Diganta Mahela died at the hospital at around 2 P.M. on 05.10.1995. Investigation commenced, charge memos were drawn, statements of witnesses were recorded, autopsy was conducted on the dead body of Diganta and upon completion of investigation Charge Sheet was submitted against the appellant and two others for having committed offence under Sec. 302/34 Penal Code and the case was committed to trial.

(3.) During the trial, the prosecution examined as many as 11 (eleven) witnesses. The trial continued over a prolonged period and the appellant was examined under Sec. 313 Crimial P.C. in July 2015. Conviction of the appellant was based solely on the evidence adduced by Gaurav Bothra (PW-7), who deposed in the capacity of First Class Magistrate at Diphu as well as on the confessional statement made by the appellant before the said PW-7. Having regard to the foundation of conviction, discussion and findings are confined to the attending facts surrounding the making of the confessional statement, having regard to the mandatory provisions engrafted in Sec. 164 of the Code of Criminal Procedure, 197