PINKU RABIDAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the impugned judgment and order dated 31.8.05 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No. 49(J-J)/05 convicting the accused Appellant under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/-, in default of payment of fine, rigorous imprisonment for another six months. The learned Sessions Judge also convicted the accused under Section 325 IPC and sentenced him to suffer rigorous imprisonment for three months and to pay fine of Rs. 1,000/-, in default of payment of fine, rigorous imprisonment for another one month.

(2.) The prosecution case, in brief, is that on 12.7.08 one Dulu Tanti lodged an FIR stating that in the evening of 11.7.04 at around 8.00 p.m., his son, Shri Kamal Tanti, was killed by Shri Pinku Rabi Das by striking him in head with a sword from behind and left his dead body in the gate way of his house. He further stated in the said FIR that the accused had also inflicted stab injuries with a sword in the right hand of Sri Samaru Rabidas, who was with his son. He came to know about the occurrence in the morning hours at about 4/5 a.m. when the younger sister of Samaru Rabidas had informed him about the occurrence seeing the dead body of Kamal Tanti. On the basis of the aforesaid Ejahar, Pulibor PS Case No. 51/04 under Section 326/302 IPC was registered.

(3.) When the charge sheet was submitted against the accused Appellant under Section 302/325 IPC, the learned Magistrate committed the case to the court of learned Sessions Judge, Jorhat as the case was exclusively triable by the Court of Sessions and, accordingly, Sessions Case No. 49(J-J)/05 was registered. Learned Sessions Judge framed charge under Sections 302 and 325 IPC. The Appellant denied the charges and pleaded not guilty and claimed to be tried.