ABODIA BARJU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Bikash Prasad, learned Amicus Curiae appearing for the appellant and Mr. M. Phukan, learned Addl. Public Prosecutor, appearing for the State of Assam.

(2.) This is a jail appeal preferred against the judgment and sentence order dated 14/9/2017 passed in Sessions Case No.74 (SC) of 2015 by the learned Sessions Judge, Sivasagar wherein and whereby the appellant was held guilty of having committed the offence punishable under section 302 IPC and sentenced to rigorous imprisonment for life with a fine of Rs.1000/- and in case of default in payment of the same to further suffer Simple Imprisonment of one month.

(3.) On 11/12/2014 at 2.30 AM a GD entry being No.178 was made by the incharge of Sepon Police Out post on the information received from PW 3 i.e. Udit Gogoi, VDP Secretary of Kachupathar area over telephone stating that his neighbour namely, Beertha Logan have been assaulted with a rod in front of Uma Mohan's house by Abodia Barju @ Ramu and killed her. Following the GD entry, the I.O. concerned went to the place of occurrence and on reaching the same found the death body of Beertha Logan. As such he conducted inquest over the death body and also arrested the accused Abodia Barju, and at the same time seized the crime weapon i.e. an iron rod. Thereafter, at about 5 am of the same day, the son of the victim Jaiful Logan who later on deposed before the trial Court as PW 5 lodged an FIR to the in-charge of Sepon Police Out-post stating that at about 2 PM of that day when his mother Late Beertha Logan aged about 55 years was on her way to a nearby rice mill, their neighbour Abodia Barju had killed her with a rod by hitting on her head in front of Uma Mohan's house. He also stated that the accused/appellant was apprehended by PW 3 and handed him over to the police. After receipt of the ejahar, the same was forwarded to the Officer incharge of Moranhat P.S and the Moranhat P.S registered the case as Moranhat P.S. 153/2014, under section 304 IPC against the accused appellant.