RAJU KUJUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. K. Das, the learned Amicus Curiae and Mr. M. Phukan, the learned Public Prosecutor.

(2.) This appeal is directed against the judgment and order of sentence dated 30.06.2016 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.137/2012 (GR Case No.2519/2011) wherein the present appellant is convicted and sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000.00, in default Rigorous Imprisonment for 6(six) months.

(3.) The PW1, Vishal Lakra lodged an FIR on 11.12.2011 at 8.00 PM in the Rajgarh Police Outpost vide GD Entry No.184 dated 11.12.2011 which was subsequently registered as Tingkhong P.S. Case No.159/2011 dated 12.12.2011 under Section 302 of the IPC. In the FIR, Exhibit-1, it is stated that around 2.00 PM on 11.12.2011, the younger sister of PW1 whose name was Smti. Karishma Lakra (15 years) along with Smti. Pinki Mura went to Sec. No.39 at Kenduguri Tea Estate to collect firewood. When she did not return till dusk, she was searched and was found lying dead in Sec.39 of the tea garden. It was suspected that Raju Kujur (the appellant) was involved in the incident of killing. In course of investigation, the police also arrested another Sri Rabin Aind and arraigned him as the accused in the said GR Case No.2519/2011 arising out of said Tingkhong P.S. Case No.159/2011.