DIBYAJYOTI BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borgohain, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the State. None has appeared for respondent no. 2, though he was reportedly served with the notice.

(2.) This appeal under Section 374, Code of Criminal Procedure, 1973 (Cr.P.C., in short) is directed against the judgment and order dated 18.01.2016 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 80/2011. By the said judgment and order, the accused-appellant was convicted under Section 302, Indian Penal Code (I.P.C.) and has been sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for another 3 (three) months.

(3.) The case of the prosecution is that one Sri Ajit Borah (P.W.6), on 15.03.2011, lodged an First Information Report (FIR) before the Officer In-Charge, Kamargaon Police Station stating, inter alia, that at about 2-30 a.m. of the night intervening 14.03.2011 and 15.03.2011, the accused-appellant viz. Sri Dibyajyoti Bora @ Pinku, a co-villager of the informant, intentionally killed one Ritul Bora, who had come to their village from Dhodang village to enjoy Bhaona arranged in their village, Madhya Bongaon by the villagers, by stabbing the said Ritul Bora with a dagger without any reason in a spot near the place where the Bhaona was being staged. It was further stated that at the time of lodging the ejahar the dead body of Ritul Bora was lying near the place of occurrence.