N. Chaudhury, J. - (1.) This criminal appeal discloses yet another incident where an otherwise law abiding citizen becomes a criminal being victim of circumstances. In this case, the prosecution story is that accused Bijoy Baruah caused death of his wife Juri Baruah by dealing one fatal blow on her head by a crowbar at 5 a.m. on 22.09.2010. He thereafter himself went to the police station and surrendered handing over the crowbar by which he had dealt the blow on his wife. The brother of the accused, Bijoy Baruah, lodged an ejahar with Officer-in-Charge of Amguri Police Station on the following day informing about the incident. He disclosed therein that immediately after the incident had occurred, he came to know about it from the minor children of the victim and the accused and then went to the place of occurrence. He informed the VDP Secretary, Sri Parag Duwarah and also called 108 Ambulance services. However, as the ambulance was not available he searched for another vehicle and informed Akan Gogoi and Manik Gogoi, the uncle of the deceased. They came and went away without doing anything and thereafter the information was being given to the police. Amguri P.S. Case No. 121/2010 under Section 302 of the IPC was registered in regard to the incident and Sub Inspector Lohit Chetia was entrusted to investigate into the matter. Having completed investigation, police submitted charge sheet against the accused Bijoy Baruah under Section 302 of the IPC and thereupon the case was committed to sessions.
(2.) The learned Sessions Judge by order dated 01.11.2011 framed a charge under Section 302 of the IPC against the accused. The same on being read over to him, he pleaded not guilty and claimed to be tried.
(3.) In course of trial, prosecution examined as many as 11 witnesses. PW 1, Buddha Baruah, the informant who proved ejahar as Ext. 1 and stated that his house is about 12 feet away from the house of the accused. All on a sudden, he heard hue and cry coming from the house of his brother and then saw his brother came out holding a crowbar on his hand and went away. His minor son Biman Baruah (PW 8) was aged about 11 years at that time and he informed PW 1 that accused had killed Juri Baruah by assaulting with a crowbar. The PW 1 informed the VDP Secretary, Parag Duwarah as well as other people. He went to the place of occurrence and saw the dead body of Juri Baruah and accordingly a written ejahar being Ext. 1 was filed. Police and Magistrate came and examined the dead body. Ext. 2 is Inquest Report wherein his signature is Ext. 2(4). After the occurrence, accused himself went to the police station holding the crowbar and it was seized by the police vide Ext. 3. Ext. 3(1) is the signature of PW 1 and Mat. Ext. 1 is the crowbar. His mobile phone was also seized by the police and Mat. Ext. 2 is the said phone. The dead body was taken thereafter for post-mortem examination.;