JUDGMENT :

Suman Shyam, J.

Heard Mr. N. Deka, learned amicus curiae appearing for the sole appellant. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing on behalf of the State/ respondent No. 1. None has appeared for the informant/respondent No. 2.

2. This appeal from jail is directed against the judgment dated 17-08-2019 passed by the learned Sessions Judge, Hailakandi in connection with Sessions Case No. 24/2014 convicting the appellant under Section 302 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/- with default stipulation.

3. The prosecution case, in a nutshell, is to the effect that on 07-05-2012, at around 02:00 p.m. the appellant/accused Jogoi Teli had hacked the victim Dilip Teli with a ‘dao’ causing death to him. On 07-05-2012 itself, the wife of the deceased Smti. Binati Teli (PW-1) lodged an ejahar with the In-Charge of Bilaipur Police Outpost, coming under Lala Police Station, reporting the incident. In the ejahar, 05 persons including the appellant had been shown as accused persons whereby, it was alleged that the accused persons had gheraoed her husband and the main accused, i.e. the appellant herein had assaulted him with a ‘dao’.

4. On receipt of the ejahar, GD Entry No. 82 was made and the ejahar was forwarded to the Lala Police Station. Based on the ejahar, Lala P.S. Case No. 65/2012 was registered under Section 147/148/149/341/302 IPC. The matter was then taken up for investigation by the Police. On completion of investigation, Police had submitted charge-sheet under Section 147/148/149/ 341/302 IPC against all the 05 accused persons, i.e. Jogoi Teli, Samru Teli, Bijan Dutta, Bubul Teli and Sahadar Teli. The learned trial court had accordingly framed charge against the 05 accused persons under Section 147/148/149/341/ 302 of the IPC. It appears that the accused persons had pleaded not guilty and claimed to be tried. As such, the matter went up for trial.

5. During the course of trial, the prosecution had examined as many as 07 witnesses, out of which, PWs-2, 3 and 4 were examined as eye witnesses. After recording the evidence of the prosecution witnesses, the statement of the accused persons were recorded under Section 313 Cr.P.C. whereby all the accused persons, except the present appellant, had denied the incriminating circumstances put to them. The appellant has, however, admitted that he had inflicted blows on the deceased with a ‘dao’. On conclusion of trial, the learned Sessions Judge has held that the charge brought against the appellant/ accused under Section 302 IPC was established beyond reasonable doubt and accordingly, convicted the appellant and sentenced him as aforesaid. The learned trial court has, however, held that there was no evidence against the remaining 04 accused persons to establish their guilt. Consequently, the other four (04) accused persons were acquitted.

6. As noticed hereinabove, the informant in this case is Smti. Binati Teli, i.e. the wife of the deceased. She was examined by the prosecution as PW-1. This witness has deposed before the court that the incident took place at around 02:00 – 03:00 p.m. At that time, the accused Jogoi Teli had asked her husband to come to his house. When her husband went to the house of Jogoi Teli, the latter had assaulted him with a ‘dao’ inflicting blows on the back of his head, as a result of which, her husband fell on the ground. When she went near him, she found him unconscious. The PW-1 has also stated that the remaining accused persons had encircled her husband. When she came near her husband, she found him senseless. She then raised hue & cry. Hearing the same, Sarala Teli (PW-2) and Baikuntha Teli (PW-3) came to that place and saw the incident. Thereafter, she had lodged an ejahar (Exhibit-1) which bears her signature. PW-1 has also stated that the house of Jogoi Teli is situated on the bottom of the ‘tilla’ (hillock) and her house was on the top of the s