PRADIP BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned Sr. Advocate assisted by Mr. D. Senapati, learned Counsel appearing for the appellant and also heard Mr. Z. Kamar, learned P.P., Assam.

(2.) The Criminal Appeal is directed against the judgment and order dated 4.1.2005 passed by the learned Addl. Sessions Judge, Sibsagar in Sessions Case No. 82 (S-C)/2004, by which the appellant was convicted under Sections 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to further R.I. for 6 (six) months for commission of offence under Section 302 IPC and further sentenced to R.I. for 3(three) years and to pay a fine of Rs. 1000/- in default, to R.I. for another 1(one) month for commission of offence under Section 201 IPC.

(3.) The prosecution story, in brief, may be stated as follows :- Shri Rajesh Das, PW 1, President of Village Defence Party (for short, 'V.D.P.') of No. 1 Kathiakunda Gaon, lodged a written F.I.R. with the Officer-In-Charge, Sapekhaiti P.S. stating therein that on 06.04.03, in the evening at about 8.30/9.00 P.M., while they were doing the patrolling duty at the Sapekhaiti Railway Station area, Bonamali Das, PW 2, informed them that when a fishing net was cast by him in the abandoned Railway well, situated near the Railway quarters of Shri Badan Bora, a dead body was found. It is further stated in the FIR that the dead body was identified to be of Mrs. Lucky Dev Borgohain, wife of the accused.