Criminal Appeal No. 322 of 2014. Case: Sri Khirendra Brahma and Anr. Vs State of Assam and Anr.. Guwahati High Court

Case NumberCriminal Appeal No. 322 of 2014
CounselFor Appellant: Mr. AK Bhattacharyya Sr. Advocate Mr. SC Biswas, Advocate Advocate. and For Respondent: Mr. KA Mazumdar, Additional Public Prosecutor.
JudgesN. Chaudhury, J.
IssueIndian Penal Code - Sections 302, 201, 34; Code of Criminal Procedure - Section 313; Indian Evidence Act, 1872 - Section 24
Judgement DateSeptember 15, 2016
CourtGuwahati High Court


N. Chaudhury, J.

1. Appellant Khirendra Brahma has challenged his conviction and sentence in Sessions Case No. 110 (D)/2009 under Section 302 of the IPC. The aforesaid Sessions case arose out of Dhaligaon P.S. Case No. 95/2008 under sections 302/201/34 of the IPC. Ejahar in this case was lodged by one Smti. Pramila Narzary stating that her daughter Bijulee Narzary aged about 22 years married to Khirendra Brahma had been killed by the accused Khirendra and his family members and buried her dead body in the sand on the river bank. After recovery of her daughter''s dead body with the help of the local people from the bank of Kujia River, the ejahar was lodged.

2. After completing investigation, police charge sheeted 4 accused persons including the present appellant out of whom Ramesh Basumatary died and so trial was held against 3 accused persons including the appellant. The learned Sessions Judge framed charges under sections 302/201/34 of the IPC against all the accused persons who, however, pleaded not guilty and claimed to be tried.

3. In course of trial, prosecution examined 8 witnesses but thereafter learned Public Prosecutor filed an application before the learned Sessions Judge for examining two more witnesses as Court Witnesses. Ultimately, in exercise of power under section 311 of the Code of Criminal Procedure, as many as 7 court witnesses were examined. The three accused persons were examined under section 313 of the Code of Criminal Procedure on the basis of the materials disclosed by the PWs and CWs and basing on extra judicial oral confession allegedly made by the appellant, the learned Sessions Judge convicted the appellant under section 302 of the IPC and acquitted the other two co-accused persons. This judgment and order dated 03.09.2014 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 110(D)/2009 has been called in question in the present appeal. 4. We have heard Mr. AK Bhattacharyya, learned senior counsel assisted by Mr. SC Biswas for the appellant and Mr. KA Mazumdar, learned Additional Public Prosecutor on behalf of the State. We have also perused the lower court records. 5. The informant, Pramila Narzary who was examined as PW 1 stated in course of her examination-in-chief that deceased Bijulee Narzary had affairs with accused Khirendra and so they were married although they belonged to two different religions. They were blessed with a daughter. The victim died about 3 months ago. One Purandar Singha from the village of the accused informed that dead body of Bijulee was found in nearby river. PW 1 claimed to have gone to the river along with...

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