SUJIT MANKI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is preferred by the accused appellant, namely, Sri Sujit Manki being aggrieved with the judgment dated 11.09.2014 whereby the learned Sessions Judge, Dibrugarh in Sessions Case No. 58/2012 arising out of Joypur Police Station Case No. 24/2011 corresponding to GR Case No. 1208/2011, whereby he has been convicted under Section 302 IPC for committing murder of Pradip Manki and sentenced to undergo Rigorous Imprisonment for life with fine of Rs. 2,000/-in default, to undergo Rigorous Imprisonment for 3 (three) months.

(2.) Heard Ms. Karabi Saikia, learned Amicus curie for the appellant and Mr. Nava Kumar Kalita, learned Additional Public Prosecutor, Assam for the State.

(3.) The prosecution case, as emerges from the First Information Report dated 13.06.2011 (Exhibit-6) lodged by the informant Smti. Jugita Manki (PW.1) before the Officer-in-Charge of Joypur Police Station is that around 08:00 a.m. on 11.06.2011 while informant's husband Pradip Manki, resident of Deriyal Gaon, was returning home after ploughing in the paddy field, co-villager Sri Sujit Manki, who was lying in ambush with a dao, suddenly appeared in front of her husband, dealt dao blows on his head, ear and nose and caused injury. Though, he was immediately taken to Assam Medical College Hospital, Dibrugarh, the injured Pradip Manki died on the way. The informant also alleged that when she received the information that her husband Pradip Manki was wounded and she went to the place of occurrence, said Sujit Manki and his wife held her by hair, laid her on the ground and assaulted her. The informant stated that as she was busy in performing the last rites of the deceased, the filing of the ejahar got delayed.