ANANDA MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant Jail Appeal is preferred against the Judgment and Order dated 07.12.2015 passed by learned Sessions Judge, Tinsukia in Sessions Case No. 49(T)/2014, whereby, the accused-appellant, Ananda Mura has been convicted under Sections 302 of the Indian Penal Code (IPC) and has been sentenced to undergo rigorous imprisonment for life with fine of Rs. 1,000/- (Rupees one thousand) only, in default of payment of fine, to suffer further rigorous imprisonment for 6 (six) months.

(2.) The prosecution case, in brief, is that one Raimoni Mura, wife of late Ram Mura, resident of Mura Line, Bahadur Tea Estate, on 14.08.2013 lodged an Ejahar before the Officer-in-Charge of Bordubi Police Station alleging, inter-alia, that since the night of 12.08.2013 her daughter i.e. the prosecutrix was found missing from her house and at about 4-00 a.m. of 13.08.2013, she returned home with her clothes in an disorderly state. The prosecutrix disclosed that in the night of 12.08.2013, the accused Ananda Mura, a resident of the same Mura Line, after committing rape, had administered poison like substance to her. Knowing about the same, though the prosecutrix was immediately taken to Tinsukia Civil Hospital for medical treatment she was referred to the Assam Medical College Hospital (AMCH) at Dibrugarh for better treatment. However at about 9-00 a.m. on 13.08.2013, the prosecutrix died at AMCH, Dibrugarh while undergoing treatment.

(3.) On receipt of the aforesaid Ejahar, the Officer-in-Charge of Bordubi Police Station, Tinsukia registered it as Bordubi Police Station Case No. 74/2013 under Sections 376/302 Indian Penal Code (IPC) and entrusted the investigation of the case to one Surjya Kanta Das, Sub-Inspector of Police (PW.12), posted at Bordubi Police Station. A corresponding G.R. Case was also registered being G.R. Case No. 1295/2013.