ANUWA TUTI Vs. STATE

JUDGEMENT

(1.) Challenging the legal pregnability of the judgement and order of conviction passed by the learned Sessions Judge, Port Blair in connection with Sessions Trial No. 11/2010, the appellant has preferred this appeal.

(2.) Factual scenario as emerged is such that one Ramjan Ram had a friendship with the victim for about 15 years and on the day of Diwali celebration they had taken their meal. After having their meals they proceeded towards Balu Dera from Campbell Bay market. On the way they took betel leaf and when they reached near the house of the appellant, one Surender, a worker of Rajesh, who is a frequent visitor in the house of the appellant, picked up quarrel with them on trifling issues. Thereafter, there was jostling by and between the parties. Seeing them, jostling with each other the appellant brought a piece of wood in his hand and assaulted the victim on his head and for which the victim suffered severe injury on his head. Thereafter, the defecto complainant informed the incident to the brother of the victim and with the help of the police the victim was taken to hospital. After seven days the victim breathed his last.

(3.) Soon after the registration of FIR, the Investigating Officer has taken up investigation. In course of investigation the Investigating officer has recorded the statements of the witnesses under Section 161 of Cr. P.C, recovered the offending weapon leading to the statement of the appellant and thereafter charge sheet was submitted under Section 302/34 of IPC against the appellant.