BOPAI ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Accused appellant Bopai Ali was backed for trial under Section 302 of Indian Penal Code for causing death of Satyanarayan Jaiswal.

(2.) On 16/1/1983 at about 1.00 p.m. while P. W.3 Jogendra, who was S.I. of police posted at a different place was returning from Jorhat in a police jeep along with other police personnel including jawans of C.R.P.F. he saw from a distance of about 30 accused appellant giving a dao blow on the deceased. The vehicle was stopped and P.W.3 along with others rushed to the place of occurrence and while going they saw another dao blow being given by the accused. The accused was apprehended and handed over to the Deberapara Police Out Post. Police submitted charge sheet after investigation and thereafter the learned Sessions Judge, Jorhat vide his judgment and order dated 26/5/1988 passed in Sessions Case No. 13(S-J) of 1984 found the accused guilty and sentenced him to R.1. for life. Hence the present appeal.

(3.) We have heard Mr. Mahanta, learned Counsel for the accused-appellant and Miss. U. Baruah, learned Public Prosecutor.