BHABA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS arisen out of the judgment of conviction and sentence dated 20.2.2003 appeal has passed by the learned Sessions Judge, Lakhimpur in Sessions Case No. 86(NL)/1995 under Section 302, IPC. By the impugned judgment of conviction and sentence, the appellant has been convicted under Section 302, IPC with the sentence of rigorous imprisonment for life and fine of Rs. 10,000, in default, rigorous imprisonment of 5 years.

(2.) THE criminal case against the accused appellant and one Md. Omar Ali was set to motion with the lodging of the FIR dated 18.7.1993 with the Officer -in -charge, Simaluguri Police Station by one Shri Haren Phukan (PW -1). The incident narrated in the FIR is that at about 12 mid -night on 12.7.1993, hearing a sound inside the particular camp situated on the west of the bridge under construction, namely, Athonibari bridge, the first informant woke up and saw the accused appellant along with Omar Ali killing the Head Carpenter Rajesh Ali, hitting him with a Iron Crowbar. According to the first information, same was due to some dispute regarding monetary transactions among them. In the FIR, it was narrated that first the deceased struggled for life and thereafter died. According to the first informant, he was threatened by both the accused and compelled to help them out in burying the dead body.

(3.) ON receipt of the said FIR, the police registered Bihupuria PS case No. 305/93 under Section 302/201/34, IPC. After investigation etc, charge sheet was submitted and the case being exclusively triable by the court of Sessions, the learned Additional Chief Judicial Magistrate, Lakhimpur, committed the same to the court of Sessions by his order dated 30.5.1995.