MANGLOO PROJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred by the accused Mangloo Proja from jail assailing the judgment passed by the learned Sessions Judge, Sibsagar in Sessions Case No. 77(S.C.) of 1997 arising out the Borhat Police Station Case No. 105/95 under Section 302 I.P.C., which is corresponding to G.R. Case No. 538/95 and committed by the Sub- Divisional Judicial Magistrate, Charaideo Sonari convicting the appellant and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 1000/- in default of payment of fine, to suffer another 6 months rigorous imprisonment under Section 302 I.P.C.

(2.) The facts leading to the case is narrated hereunder, as follows:-

(3.) During the trial the prosecution had examined 6 witnesses including the Doctor and Investigating Officer. Admittedly there was no eye-witnesses to the occurrence of incidence and the case rests on circumstantial evidence. Therefore, in order to prove the guilt of the accused certain unimpeachable evidence is required to be brought by the prosecution before the accused is convicted under Section 302 I.P.C. Now this Court will scrutinize the entire evidence on record to appreciate the charge under Section 302 I.P.C.