LAWS(GAU)-2018-11-19

JUN BORAH Vs. STATE OF ASSAM

Decided On November 13, 2018
Jun Borah Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This jail appeal is directed against the judgment and order dated 04.07.2016, passed by the learned Sessions Judge, Golaghat in Sessions Case No.45/2013. By the said judgment, the accused appellant was convicted under Section 302 IPC and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) We have heard Mr. B Bora, learned Amicus Curiae and Mr. BJ Dutta, learned Addl. Public Prosecutor, Assam for the State respondent, who have also taken us through the evidence and materials available on record. We have also heard Ms. B Talukdar, learned counsel for the informant.

(3.) As per the prosecution case, on 03.07.2012, at about 2.45 pm, when the victim Ananda Borah was going to Dergaon Chariali by riding a bicycle, the accused Jun Borah inflicted several 'dao' blows on the victim, in front of the house of one Noren Borah, husband of PW-3 and consequently, the victim met with instantaneous death. PW-4 Bulu Bora, who was present at the place of occurrence, raised hue and cry, hearing which, the members of the family of the deceased, arrived at the place of occurrence and found the victim lying dead. An FIR was lodged by the wife of the deceased Junu Borah (PW-2), on the basis of which, police registered a case, being Deragaon PS Case No.214/2012 and commenced investigation. During investigation, post-mortem examination was done by Dr. Dwijen Bordoloi (PW-1), who found the following injuries on the body of the victim: