JIBAN GAYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 9.9.2004 passed by the learned Sessions Judge, Nagaon, in Sessions Case No. 168(N)/2000 the accused/Appellant, who has been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life, has filed this appeal from Jail. Additionally, the accused/Appellant has been convicted under Section 324, IPC and sentenced to undergo rigorous imprisonment for one year.

(2.) The short case of the prosecution is that at about 5.30 a.m. on 24.1.1999 PW4, Badan Gayan, lodged a FIR in the Samaguri Police Station stating that at about 5.30 p.m. of the previous day, i.e., 23.1.1999 while his elder brother Gajen Gayan and younger brother Nagen Gayan were proceeding on the PWD road of the village the accused/Appellant caused grievous injuries to both of them by hacking with a dao. According to the first informant, the said incident had taken place in front of the house of one Girish Gayan (PW5). In the FIR it was further mentioned that both the injured were taken to the Nagaon Civil Hospital but the elder brother of the first informant, i.e., Gajen Gayan died at about 9.30 p.m.

(3.) On receipt of the aforesaid ejahar Samaguri P.S. Case No. 9 of 1999 under Sections 326/302, IPC was registered. The case was investigated by PW9, Kumud Chandra Gogoi, S.I. of police. In the course of investigation inquest was held on the dead body which was sent for post mortem examination. Statement of persons acquainted with the crime alleged was recorded by the investigating officer under Section 161, Code of Criminal Procedure. At the conclusion of investigation charge sheet was submitted against the accused/Appellant under Sections 302/324, IPC. The offence under Section 302, IPC. being exclusively triable by the Court of Sessions the case was committed to the Sessions Court at Nagaon by the learned Sub-Divisional Judicial Magistrate, Nagaon by order dated 18.8.2000.