CHUTKA KAHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. Reetujia Dutta, learned Amicus Curiae appearing for the appellant and Ms. S Jahan, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 29.09.2018 passed by the learned Sessions Judge, Nagaon in Sessions Case No.158(N)/2008, whereby the appellant was convicted under section 302/448/323 IPC and sentenced to imprisonment for life and fine of Rs.10,000/- with default stipulation under section 302 IPC. The appellant was further sentenced to simple imprisonment for one year under section 448 IPC and fine of Rs.1,000/- in default to simple imprisonment for another one month and simple imprisonment for one year under section 323 IPC and fine of Rs.1000/- in default, to simple imprisonment for one month.

(3.) As per the prosecution case, on 05.09.2006 at about 9.30 pm the present appellant and his son Sanjay Kahar entered into the house of the informant at the instigation of one Akanmoni Das and assaulting Pw-1 Pushpa Prabha Bora. They also pressed the neck of the of the husband of Pushpa Prabha Bora and also dealt various hand and leg blows. The present appellant hit the victim with a piece of wooden batten causing serious injuries to the deceased. Pw-2 Mridusmita Devi lodged the FIR (Exhibit-1) on the basis of which police registered Raha PS Case No.110/2006 under sections 114/448/325/307/354/34 IPC and commenced investigation. During the course of investigation, the victim died and as such, the penal provision of section 302 IPC was added. In course of investigation police recorded the statement of the witnesses under section 161 Cr.P.C., prepared the inquest report, seized some incriminating articles and send the body for post-mortem examination and statement of some of the witnesses were also recorded under section 164 Cr.P.C.