RAMEN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 3-4-1993 delivered by Sessions Judge, Lakhimpur in Sessions Case No.7 of 1990 thereby holding the appellant guilty of offence punishable u/s 302 IPC and sentencing him to undergo imprisonment for life With fine of Rs. 50001- or in default of payment of fine to suffer one year Rigorous Imprisonment. Aggrieved by the same the accused-appellant has preferred this appeal from jail since he was under presented by Mr. P. Khatoniar who was appointed as Amicus Curiae. He has accordingly appeared and made his submissions. We have also heard learned Public Prosecutor appearing for the respondent State.

(2.) The prosecution case stated in brief was that on 18th July, 1984 around 10-30 p.m. Smt. Rupa Saikia assaulted one Prafulla Dutta with a Mit-Dao. She had straightway gone Jo the Police Station along With the weapon of attack and herself lodged a report to that effect. The General Diary Entry No. 620 was made by the Police and a case u/s 302 IPC was registered and taken under investigation, P.W. 7 (Sub-Inspector of Police, Sri L.B Chetry) was not examined by the prosecution who visited the place of occurrence and prepared inquest report. The dead body was forwarded for post-mortem examination. On completion of investigation initially Rupa Saikia was charged and tried for the above offence. She was eventually acquitted by the Trial Court vide judgment dated 3-4-1993. Subsequently, the present accused-appellant was charged and tried for the same offence as already noted above. He has been found guilty by the Trial Court, At this trial the acquitted accused Rupa Saikia was examined as P.W.8. It was at this trial that the accused-appellant has been found guilty of the offence charged by the Trial Courti solely on the basis of the evidence of Smt.Rupa Saikia P.W. 8. Aggrieved by the same he has now preferred this appeal.

(3.) Heard learned Amicus Curiae who has raised the following points for consideration in this appeal: