PAWAN PANTANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the learned Additional District and Sessions Judge No. 2, Tinsukia in Sessions Case No. 81(T)/2002 convicting the accused appellant under Section 302, IPC and sentencing him to undergo RI for life and to pay a fine of Rs. 2,000 and in default, R1 for another two months.

(2.) AN FIR was lodged on 13.11.2000 by PW3 with the Officer -in -charge of Tinsukia Police Station to the effect that on the same day at about 6.30 P.M., some unknown persons killed the deceased by affecting injuries on his face and neck with sharp weapon. As per the said FIR, the dead body was found lying in a drain near Balugada Cross Road. On the basis of the said FIR, Tinsukia PS case No. 410/2000 was registered under Section 302, IPC. After investigation etc., the accused appellant was charged of committing an offence punishable under Section 302, IPC. The case being exclusively tribal by the Sessions Court, by order dated 18.6.2002 passed by the learned Judicial Magistrate 2nd Class, Tinsukia in GR case No. 979/2000, the case was committed to the said court.

(3.) THERE is no eye witness to the incident of murder of the deceased. However, the learned trial court has convicted the accused appellant primarily on the basis of the purported incriminating materials against the accused appellant, as discussed in the judgment. The said incriminating materials are the statement of the accused before the Police and the seizure of a Dao, purportedly at his instance.