RAMSINGH RAJPUT Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.12.2005, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 108(T)/2005, convicting the accused Appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of .1,000.00, in default of payment of fine, to undergo rigorous imprisonment for 2 months.

(2.) The prosecution case, in a nutshell, is that on 13.7.2000, one Munshi Rajput, lodged an ejahar at about 12:30 PM before the Officer-in-Charge, Tinsukia Police Station, stating that on the night of 12.7.2000, while he was doing night duty in the factory of Nokhroy Tea Estate, some miscreants killed his son, Sri Ram Nath Rajput, who was guarding his house, by hacking him with a dao in the neck and he was informed about it at 11:00 PM by his elder brother, Sri Sahroi Rajput and his another son, Ramsingh Rajput, both of Khelmati line of Nokhroy Tea Estate. On his coming home, he found Ram Nath lying with cut injuries in the neck. On the basis of the said ejahar, Tinsukia Police Station Case No 257/2000 under Section 302 IPC was registered.

(3.) In a twist of tale, the police, during the course of investigation, found enough materials against Sri Ramsingh Rajput, who is the eldest son of the informant and who had also informed his father about the killing of his brother, Sri Ram Nath Rajput, as the assailant and accordingly, submitted charge sheet against the present Appellant under Section 302 IPC. The case being triable by a Court of Sessions, the learned Magistrate committed the case to the Court of the learned Sessions Judge, Tinsukia, whereupon Sessions Case No 108(T)/2004 was registered.