The court relied on circumstantial evidence, the credibility of witnesses, and the nature of the injuries to establish the guilt of the accused under IPC 302.

JUDGMENT :

Heard Dr.B.N. Gogoi, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

2. This appeal is preferred by appellant Sri Tembra Brahma, from Jail, assailing the judgment and order dated 03.12.2019 passed by the learned Sessions Judge, Kokrajhar in Sessions Case No.40/2018 whereby the appellant has been convicted under section 302, IPC, 1860 and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.3,000/-(Rupees three thousands) only and in default of payment of fine to undergo imprisonment for a period of 6 (six) months.

3. The prosecution case, in brief, is that an ejahar was lodged by one Manik Brahma, the village headman alleging that on 01.01.2018 at around 6.30/7.30 P.M. the accused Tembra Brahma axed to death his wife Lohasi Brahma near the gate of St. Francisco Xavier School, Dotma. It is also stated that the daughter of deceased mother saw the entire incident.

4. On receipt of the said ejahar, an FIR was registered being the Dotma Police Station Case No.3/2018, under Section 302 of the Indian Penal Code, 1860. On completion of investigation, the I.O has filed the charge sheet against the accused appellant under section 302, IPC vide dated 31.01.2028.

5. Learned Chief Judicial Magistrate, Kokrajhar, has committed the case to the learned Court of Sessions, Kokrajhar for trial. The charge-sheet has been framed against the accused/appellant under section 302, IPC and then read over and explained to the accused appellant to which he pleads guilty and claimed to be tried.

6. During the course of the trial, the prosecution has examined 7 (seven) witnesses including the informant, medical officer and investigating officer. The accused appellant has not adduced any evidence. On completion of the prosecution evidence, the statement under section 313 Cr.P.C. was recorded to which the accused/ appellant has confess his guilt. After conclusion of the trial, the learned trial court on consideration of the evidence on record particularly PW-3, concluded that case under section 302 IPC is well established against the accused, Sri Tembra Brahma and accordingly convicted the accused/appellant under section 302, IPC and sentenced him to undergo Rigorous Imprisonment for life and a fine of Rs.3,000/- (Rupees three thousands) only and in default of payment of fine, to undergo imprisonment for another period of 6 (six) months.

7. Dr. B.N. Gogoi, learned Amicus Curiae, after referring to the deposition of the prosecution witnesses, submits which are as follows:

(i) PW-1: Sri Manik Brahma (The informant): According to PW-1 he deposed that the incident took place on 01.01.2018 in the New Year Day. The FIR was written in the Police Station he did not read the FIR by himself, but it was read over to him. He did not state before the Police that he saw the accused along with the axe. The accused was at his own house and not at the place of occurrence at the time of the date of the occurrence. He was not an eye witness in the case. He was called by the co-villagers at the time when occurrence took place.

(ii) PW-2: Sri Kalendra Brahma (The co-Villager): PW-2 had deposed that at the time of incident he was at his own house and he was not an eye witness to the incident. He was seizure witness of exhibit 2 of the case. At the time of occurrence, it was dark and it was 6.00 PM. The PW-2 met the accused person, when he was in a drunken condition. He did not know as to whether the appellant had any mental problem but once heard that appellant jumped from the first floor of ABSU office at Dotma. In the cross-examination, he stated that similar kind of axe was available in the house of the village community.

(iii) PW-3: Smti. Swarang Basumatary (Daughter): In her cross-examination had stated that she has visited the mission school to call some persons, but, no one could be seen as there was a very big wall and teachers, hostel etc., were very far from the gate of the mission school. She has also state