RAMESH MURMU Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal preferred by the convict from jail against the judgment dated 29.07.2005 rendered by Additional Sessions Judge -II, Circuit Court, Charaideo at Sonari convicting the appellant under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/ - in default rigorous imprisonment for six months. Heard Mrs. R.D. Mazumdar, learned amicus curiae, appearing for the appellant and Mr. D. Das, learned counsel appearing for the State.

(2.) THE prosecution case in short is that on 12.01.2004 at about 3.30 p.m. Sri Thumpu Murmu (PW 1), Ramu Hemrom (PW 2), Mohan Murmu (PW 3) and Rajen Murmu (PW 4) brought the appellant Romesh Murmu to Borhat Police Station and handed him over to police with a dao. A written ejahar (Ext.1) was lodged by said Thumpu Murmu with the In -Charge, Bar -hat Police Station alleging that on the same day at 3.30 p.m. appellant hacked Ganesh Hasda with a dao. The Officer -In -Charge (PW 12) of the police station made GD Entry No. 219 dated 12.1.2004 and registered a crime being Barhat P.S. Case No. 3 of 2004 under Section 302, IPC against the appellant Ramesh Murmu. After medical -examination the appellant was arrested and the persons who produced the appellant at the police station were interrogated and their statements were recorded. The dao (M.Ext.1) was seized vide a, seizure list (Ext. 2). The I.O. visited the place of occurrence. He found the dead body on the pull -cart in the courtyard of Sri Padum Hasda (PW 6). The inquest could not be held on the same day due to darkness and the dead body was under the supervision of police and VDP at the courtyard of Padum Hasda. On the next day the I.O. held inquest on the dead body and prepared the inquest report (Ext. 3). The I.O. also prepared a rough sketch map (Ext.8) of the place of occurrence and recorded the statements of the witnesses who were present at the place of occurrence. He also seized two flexible electric wires produced by witness Smti Niru Hasda (PW 5) vide seizure list (Ext -9). The I.O. sent Smti Niru Hasda (PW 5) wife of the deceased to Barhat PHC for medical examination and later forwarded her to the Court of SDJM for recording her statement under Section 164, Cr.P.C. Her statement was accordingly recorded by a Magistrate (PW 13). The dead body was sent to Sivasagar Civil Hospital for post mortem examination. The post mortem report of the deceased was collected and on completion of the investigation, charge - sheet was submitted on 17.3.2004.

(3.) THE jurisdictional Judicial Magistrate committed the case to the Court of Sessions for trial. The learned Sessions Judge on receipt of the case on committal made over the case to Additional Sessions Judge for trial. On perusal and consideration of documents and materials made available on record, charge was framed against the appellant under Section 302/323, IPC on 26.8.2004. The appellant on being read over and explained denied the allegation and claimed to be tried.