I.A.ANSARI, J. - (1.) THIS appeal is directed against the judgment and order, dated 06-09-2007, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 142 of 2002, convicting the accused-appellant, namely, Munu Mura, under Sections 302 and 201 read with Section 34 IPC and sentencing him to undergo, for his conviction under Section 302 read with Section 34 IPC, imprisonment for life and pay a fine of Rs.5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of two months and to further undergo, for his conviction under Section 201 read with Section 34 IPC, rigorous imprisonment for two years, both the sentences having been directed to run concurrently.
(2.) THE case of the prosecution, as surfaced at the trial, may, in brief, be described as under: Suresh Gogoi, an employee of St. Luck's Hospital, disappeared on 26-08- 2000. He used to be in the business of money lending and it was not uncommon for him to remain away from his house in connection with his business. A few days after Suresh Gogoi had ceased to be seen, his brothers, Nakul Gogoi (PW1) and Nitul Gogoi (PW2), started looking for Suresh Gogoi. Their search, for their brother, Suresh, took them to the house of the accused, Shankar Boraik, who told both, PW1 and PW2, that Suresh had informed him, by way of a letter, that he had been doing business at Doom Dooma and Siliguri. When, however, Suresh did not return for long, PW1 and PW2, once again, went to the house of accused Shankar Boraik and this time, the two brothers, PW1 and PW2, were accompanied by their other co-villagers, who brought accused Shankar Boraik to the house of PW2 and, upon being questioned and interrogated by his co- villagers, accused Shankar claimed that he had, with the help of Munu Mura (i.e., the present accused-appellant), Ranjit Jhara and Anil Mura @ Anil Bengra, had killed Suresh by strangulating him and, then, they buried his dead body. On the basis of the information, so received from accused Shankar Boraik, an Ejahar, in writing, was, on 01-12-2000, lodged by PW1 at Sabua Police Station. Based on the said Ejahar and treating the same as First Information Report (Ext.1), Chabua Police Station Case No. 102 of 2000, under Sections 302/201/34 IPC, was registered against the present accused-appellant, Munu Mura, Shankar Boraik, Ranjit Jhara and Anil Mura @ Anil Bengra. During investigation, accused Shankar Boraik and accused Munu Mura were arrested and, on being questioned by the police, they led the police to a place from where the dead body of Suresh Gogoi was exhumed. Inquest was held on the said dead body and the said dead body was also subjected to post mortem examination. On completion of investigation, police laid charge-sheet, under Sections 302 and 201 read with Section 34 IPC, against the all the said persons. At the trial, when charges, under Sections 302 and 201 read with Section 34 IPC were framed against the accused persons, they all pleaded not guilty thereto.
(3.) IN support of their case, prosecution examined as many as 8 (eight) witnesses. During trial, accused Shankar Boraik and accused Anil Mura @ Anil Bengra absconded and they were accordingly declared absconders. However, accused Munu Mura (i.e., the accused-appellant), who faced the trial, was examined under Section 313 (1)(b) Cr.P.C. In his examination aforementioned, the accused-appellant denied that he had committed the offences, which he was alleged to have committed, the case of the defence being that of total denial. No evidence was adduced by the defence.;