DAMBARU KOIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order dated 29.05.2017 passed by the learned Additional Sessions Judge, Sivasagar in connection with Sessions Case No.119(S-S)/2012, the sole appellant in this case has been convicted under section 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and also to pay fine of Rs.30,000/- in default whereof, he shall have to undergo rigorous imprisonment for another six months.

(2.) The prosecution case, in a nutshell, is that on 18.02.2012 at about 7:00 p.m. when the deceased Bijit Monky was going to a nearby shop to make a purchase, the accused Dambaru Koiri waylaid him on the road and thereafter, assaulted the victim on his head with a knife causing grievous injuries to him. The injured was then shifted to the Demow Hospital in an injured condition. After receiving treatment for about 12 days the victim had succumbed to his injuries on 29.02.2012.

(3.) On 19.02.2012, Smti. Anu Monky i.e. the wife of the victim had lodged an ejahar before the Officer-in-Charge, Demow Police Station, informing the Police about the incident with a request to take appropriate action in the matter. Upon receipt of the ejahar, Demow P.S. Case No.33/2012 was registered under section 326 IPC. After the death of the victim, section 302 of the IPC was added. The matter was then taken up for investigation by the police. The I.O. had drawn up a sketch map, recorded statement of the witnesses and had also recovered a 'machete' which is believed to be the weapon used in the crime. After the death of the deceased Bijit Monky, the dead body was sent for autopsy. On completion of the investigation, the I.O. had submitted charge-sheet against the accused under section 302 of the IPC. Since the accused had pleaded innocence, the matter was sent up for trial.