PARITOSH SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 19.05.2018 passed by the learned Sessions Judge, Karbi Anglong at Diphu, Assam in Sessions Case No. 197/2017 (G.R. Case No. 380/2001), convicting the accused-appellant under Section 302 of the Indian Penal Code ('I.P.C.', in short) and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/- (Rupees two thousand only), in default, to suffer further simple imprisonment for a period of 6 (six) months, is the subject-matter of challenge in the instant jail appeal.

(2.) It was on 27.07.2001, one Sri Dhansing Engleng (P.W.-3), Subedar Major, 2nd Assam Special Reserve Force ('the A.S.R.F.' and/or 'the Force', in short), Karagaon, Karbi Anglong lodged an Ejahar before the In-Charge, Khatkhati Police Out Post alleging, inter-alia, that at about 5-15 p.m. on that day, the accused-appellant, a Grade-IV employee (Sweeper) of the A.S.R.F., killed his wife by hacking with a dao in his rented house located in Balijan, outside the premises of the Force. He further stated that on receiving the information of the said incident, he along with some officers and staff of the Force immediately rushed to the place of occurrence and apprehended the accused-appellant. The dead body of the wife of the accused-appellant, Minakshi Bora Saikia was found lying in the courtyard of the place of occurrence.

(3.) On receipt of the aforesaid Ejahar, the In-Charge, Khatkhati Police Out Post entered the same vide General Diary Entry No. 483 dated 27.07.2001 and thereafter, forwarded the Ejahar to the Officer In-Charge, Bokajan Police Station for registering a case under proper sections of law and he started the investigation of the case. On receipt of the Ejahar, the Officer In-Charge, Bokajan Police Station registered a case being Bokajan Police Station Case No. 115/2001 under Section 302, I.P.C. on 28.07.2001.