NITYA BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal arises out of a judgment and order dated 30.7.2004 passed by the learned Sessions Judge, Dhemaji, in Sessions Case No 37(DH)/2000, convicting the accused Appellant under Sections 302/326 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of 5,000.00, in default, to suffer rigorous imprisonment for one year for the offence committed under Section 302 IPC and also to suffer rigorous imprisonment for six years and to pay fine of 1,000/- under Section 326 IPC, in default, to suffer rigorous imprisonment for 2 years. The sentences were to run concurrently.

(2.) The prosecution case, in brief, is that one Shri Bhadreswar Bora filed an ejahar before the in-charge, Machkhowa Police Out Post, on 22.3.97, stating that while his daughter, Smt. Dipali Bora, had gone to their gate way to tether a she-goat, Shri Nitya Bharali ,out of previous grudge, dealt a cut blow on her head with an axe killing her instantly. When his wife, Smt. Sushila Bora went forward to save her, the said Nitya Bharali dealt a cut blow on her as well with an axe and caused her grievous injury. In the said ejahar, it was also alleged that Shri Biswa Bikash Bharali, Shri Nomal Bharali and Shri Dharmendra Bharali had incited Shri Nitya Bharali to cause the incident and that other members of the family of Shri Nitya Bharali were also involved in the incident. On receipt of the ejahar, Machkhowa Police Out Post GD Entry 764 of 22.3.97 was made and thereafter, the case was forwarded to the Officer-in-Charge of Dhakuakhana Police Station, whereupon, Dhakuakhana PS Case No 499/97 under Sections 302/326/307/109/34 IPC, was registered.

(3.) The investigating officer had investigated into the incident and thereafter, charge sheet was submitted by the police on 31.3.98 against the accused Appellant. The case being exclusively triable by a Court of Sessions, the learned Magistrate committed the case to the Court of the learned Sessions Judge, Dhemaji, wherein Sessions Case No 37(DH)2000 was registered. Charge under Section 302/326 IPC was framed against the accused Appellant and the same being explained to him, he pleaded not guilty and claimed to be tried.