BIREN TAMULI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment & Order dated 24.09.2008 delivered by learned Sessions Judge, Lakhimpur at North Lakhimpur in Sessions Case No. 71(NL)/07, whereby the accused-appellant has been convicted under section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- (Rupees Five Thousand), and, in default, to undergo rigorous imprisonment for 1 (one) year.

(2.) Facts necessary for disposal of this appeal may be narrated, in brief, as follows.

(3.) On receipt of the FIR (Ext.4), the Officer-in-Charge of Dholpur Police Outpost forwarded the FIR to the Bihpuria Police Station vide G.D.E. No. 204, dt. 14.07.05, for registration of a case. Thus, a case U/S 342/326/34 IPC was registered against the accused aforementioned. In the meanwhile, the injured Dambarudhar Tumuli, who was taken to the Civil Hospital for treatment, succumbed to his injuries and accordingly, Section 302 IPC was added to the aforesaid police case. During the course of investigation, the Investigating Officer prepared the inquest report and sent the dead body for post mortem examination to North Lakhimpur Civil Hospital. During the course of investigation, statements of Sri Dipak Tamuli(PW.3), Smt. Renu Tamuli(PW.4), son and wife of the deceased respectively, were recorded as per provisions of section 164 CrPC. The I.O., on completion of the investigation, submitted charge sheet against accused Biren Tamuli, Gobin Tamuli and Kiran Tamuli under Section 302/34 IPC.