AMAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment and order dated 05.08.2008 passed by the Addl. District & Sessions Judge (FTC), Kamrup, Guwahati in Sessions Case No. 55(K)/2005 has been appealed against from jail. THEreby, the appellant has been convicted under Sections 302/323 of the Indian Penal Code (for short hereafter referred to as the Code) and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default to undergo rigorous imprisonment for further six(6) months for his conviction under Section 302 of the Code and rigorous imprisonment for one (1) year for his conviction under Section 323 of the IPC. Both the sentences have been ordered to run concurrently.

(2.) WE have heard Mr. J.M. Choudhury, Senior Advocate assisted by Mr. B.M. Choudhury, for the accused-appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(3.) REFUTING the above, the learned Public Prosecutor has contended that as a FIR is not required to be an encyclopaedia of all facts bearing on an occurrence, demonstrating a criminal act and thus the omission to mention about the dying declaration of the deceased therein, is wholly inconsequential. According to him, a conjoint reading of PWs 1, 2 & 9 affirmatively establishes the making of the dying declaration of the deceased as well as the authenticity thereof and, therefore, the conviction and sentence of the accused-appellant is sustainable in law and on facts. Mr. Das argued that in absence of any cross-examination of the medical witness by the defence, the plea of impossibility of the utterances by the deceased in view of his injured physical state is wholly untenable.