ETUWA BHUMIZ Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is directed against the judgment and order dated 29.11.2003 passed by the learned Addl Sessions Judge No. 2, Sivasagar in Sessions Case No.36(SC)/2001. By the aforesaid judgment and order, the accused-appellant has been convicted under section 302 IPC, and sentenced to undergo RI for life and to pay a fine of Rs. 1,000, in default, to suffer RI for a period of one year.

(2.) The short case of the prosecution is that at about 3.30 PM of 19.11.1992 one Sri D. Hati Baruah, Assistant Manager of Bimalapur Tea Estate lodged a FIR in the Charaipang Police Outpost stating that it was reported to him by the Line Chowkidar that the accused-appellant had killed his wife in the morning and, thereafter, he had surrendered at the police station. On receipt of the aforesaid FIR, the In-charge of the Police Outpost took up the investigation of the case and, at the same time, forwarded the FIR to the Officer-in-charge of Borhat Police Station for registering a case. Accordingly, Borhat PS Case No. 113/92 under section 302, IPC, was registered.

(3.) PW 11, Jyoti Prasad Phukan, SI of Police investigated the case. On the very next date, the accused-appellant was sent to the Court of the learned SDJM, Charaideo for recording of his confession as desired by the accused. Accordingly, the confessional statement of the accused was recorded by the learned SDJM, Charaideo at about 3 PM of 21.11.1992. The same has been proved by the prosecution as Ext 9 in the case. Furthermore, in the course of the investigation, inquest was held on the dead body which was also sent for postmortem examination. The alleged weapon of assault was seized vide seizure list (Ext 4) and a sketch map of the place of occurrence (Ext 3) was also prepared. The statements of a large number of persons acquainted with the offence were recorded by the Investigating Officer. Thereafter, at the conclusion of the investigation charge sheet under section 302 IPC, was submitted against the accused-appellant. Tire offence alleged being exclusively triable by the Court of Sessions, the learned SDJM by order dated 8.10.1996 committed the case for trial to the Court of Sessions at Sivasagar.