DWIJEN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 20.9.96 passed by the learned Sessions Judge. Darrang at Mangaldoi in Sessions Case No. 64 (DM)92. thereby convicting and sentencing the accused -Appellant Dwijen Kalita under Section 302 IPC awarding the sentence of life imprisonment with a fine of Rs. 1,000/ -, in default further imprisonment for one month.

(2.) THE facts, in brief are that - on 12.7.88 at about 10.30 a.m. Shri Ranjit Kalita lodged a written FIR before the Officer -in -Charge, Kalaigaon Police Station to the effect that on that day at about 7.30 a.m. while his brother Deepak Kalita was proceeding to Tangla and reached the house of the accused persons, his younger brother Dwijen Kalita, two sisters, namely, Smt. Labanya Kalita, and Smt Kunja Kalita along with one Rajat Ch. Kalita attacked Deepak with sharp edged weapons and caused grievous injuries on the head, neck, hands and legs, Deepak Kalita died instantaneously at the spot. Police registered a case and on, completion of investigation submitted charge -sheets against four accused -persons. The case was committed to the Court of Sessions and the learned Sessions Judge, Darning framed changes against the four accused -persons under Sections 302 / 34 IPC. During trial, the prosecution examined as many as, seven witnesses. The statement of the accused -persons were recorded and an conclusion the learned Trial Judge acquitted three out of the four accused -persons and convicted and sentenced only the present Appellant as (sic) said.

(3.) IN this appeal the factum of killing of Deepak Kalita on the date of occurrence is not disputed. The point for determination is whether the present Appellant is involved at all in the above killing.