THANURAM HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31. 3. 2007 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 98 (J-J)/2002 convicting the accused-appellant for the offence under Section 302 of the Indian Penal Code and thereby sentencing him to suffer Life Imprisonment and to pay a fine of Rs. 5,000/-, in default to suffer Rigorous Imprisonment for 6 (six) months.

(2.) THE prosecution case, as unfolded during the trial, is that on the night of 11. 2. 1999 at about 8 P. M. Sri Raju Hazarika was found lying dead in a pool of blood in a field at a little distance from the PWD road at village Jokaichook under Titabor Police Station in the district of Jorhat. Sri Bijit Hazarika, younger brother of the deceased, lodged an FIR on 12. 2. 1999 informing the police that the accused Thanuram Hazarika on 11. 2. 1999 at about 6 A. M. met the elder brother of the deceased and had asked him to go to the informant's house at about 4/5 P. M. on the same day but as Raju Hazarika did not visit the house of the accused, he again came to the informant's house at about 4. 30 P. M. and threatened the informant. In the FIR, it was alleged that at about 8 P. M. Thanuram Hazarika killed his brother.

(3.) THIS being a case, exclusively triable by the Court of Session, the learned Sessions Judge framed charge under Section 302 of the Indian Penal Code (hereinafter called the IPC) to which the accused pleaded not guilty.