SUDHIR TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Rupam Sarma, learned amicus curiae for the appellant and Ms. Shamima Jahan, learned Addl. Public Prosecutor, Assam for the State, who have also taken us through the evidence and materials brought on record.

(2.) This jail appeal is directed against the judgment and order dated 16.09.2015 rendered by the learned Addl. Sessions Judge, Dibrugarh, in Sessions Case No. 1972012 corresponding to GR No. 10371996. By the said judgment, learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to imprisonment for life and fine of Rs. 1000 with default stipulation.

(3.) As per the prosecution case, the body of the victim was found in a drain put in a gunny bag. One Monu Halowai (absconder accused) initially informed the police that the body of the victim was lying in the drain, whereupon, the OC of the Moran Police Station registered UD Case No. 181996. In course of the enquiry of the UD case, the body was recovered and postmortem examination was conducted. Upon such enquiry, the police officer came to the conclusion that it was a case of homicidal death, and as such, the A.S.I. of police, Mohini Hazarika lodged the formal FIR (Ext.4). On the basis of the said FIR, Moran P.S. Case No. 671996 was registered and on conclusion of the investigation, charge sheet was laid against three accused persons, namely, Monu Halowai, Sudhir Tanti and Lal Galowar. The accused Monu Halowai was arrested during investigation, but, rests of the accused persons, Sudhir and Lal could not be arrested as they were absconding. However, later on, after released on bail, the accused Manu Halowai also absconded and eventually, the present appellant Sudhir stood trial.