BIRLAN NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. B. Bora, learned counsel appearing for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This is an appeal against the judgment and order dated 16.09.2015 of the learned Additional Sessions Judge No.2, Kamrup(Metro), Assam passed in Sessions Case No.370(K)/2010, whereby the accused/appellant was convicted and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10000.00 and in default, rigorous imprisonment for another 06(six) months for committing the offence under Sec. 302 Penal Code and also sentenced to pay a fine of Rs.100.00 and in default, to undergo a simple imprisonment for one day for committing the offence under Sec. 309 IPC.

(3.) An ejahar dated 27.01.2010 was lodged by Dhiraj Wari before the In-charge of Jalukbari Police Station inter-alia alleging that between 5. P.m to 9 p.m of 24.01.2010, the accused appellant being a Senior Lecturer in the Department of Bodo, Gauhati University had killed his younger sister Jharna Wary in cold blood inside his residential quarter No.10(A). Prior to the ejahar being lodged as regards the death caused to the younger sister of the informant, there is also a GD Entry No.547 dated 24.01.2010, which was entered at 9/10 p.m. inter-alia providing that one Nausad Ali and Pirjahan Ali who was accompanied by another person had entered the police out post and was informed that the other person was found about 50 yards away from the gate of the out post and the person looked ill and was shaking all over. The two persons who brought him to the police out post stated that when they had asked the concerned person, he told them that he had killed a girl in the Quarter No.10(A) of the University and further that he had attempted to commit suicide by consuming phenyl.