GOBINDA CH. KOCH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.7.2005 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 95/2001. By the aforesaid order, the accused/appellant has been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000, in default, to suffer R.I. for three months more. It may be noticed, at this stage, that by the aforesaid order passed by the learned trial court, the accused/appellant has been acquitted of the offence charged under Section 333/307/427, IPC.

(2.) The law was set in motion by PW1, Jakheram Koch by lodging a FIR in the Mankachar Police Station on 9.11.1999 at about 7 p.m. alleging that in the night of 8.11.1999 the accused/appellant who is the son-in-law of the first informant had killed his wife Smt. Duhita Koch and his 11/2 year old daughter Babuli Koch. In the FIR filed, it was specifically mentioned that the deceased Duhita Koch at the time of her death was 9 months pregnant and both the deceased persons had suffered injuries on their heads', hands and legs committed by sharp weapons. Specifically, the first informant had mentioned that after committing the offence the accused/appellant had remained confined inside the house and refused to come out in spite of repeated call of the neighbours. Thereafter, when police had come to investigate the matter the accused/appellant suddenly came out of the house and had attacked a policeman on duty with a sharp weapon. The police party had no option but to fire two shots in the air. Accordingly, appropriate action was prayed for against the accused/appellant.

(3.) On the basis of the aforesaid FIR lodged, a case was registered against the accused/appellant and the same was investigated by PW9, Fazlur Haque. In the course of investigation, police visited the place of occurrence and seized one sword stained with blood about 30 inches in length and 11/2 inch in breadth by seizure list (Exhibit-3). The aforesaid sword was seized from the possession of the accused/appellant when he had come out of the house. In the course of the investigation, police had also seized one 'beki dao' stained with blood about 25 inches long with a handle. Such seizure was effected by seizure list exhibited as Exhibit-4. The police also prepared a sketch map of the place of occurrence and held inquest on the dead bodies of the two deceased persons which were sent for post mortem examination. On receipt of the report of the post mortem examination and after recording the statements of the persons who claimed to be acquainted with the facts of the case, charge sheet was submitted against the accused/appellant under Section 302/333/307/326/427, IPC. The offence under Section 302, IPC being exclusively triable by the court of Sessions, the learned Judicial Magistral, First Class, Dhubri by order dated 12.10.2001 committed the case for trial to the court of Sessions at Dhubri. In the trial court, charges were framed against the accused/appellant under Section 302/333/307/326/427, IPC to which he pleaded not guilty and claimed to be tried.