SRI JOY KANTA DIHINGIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order, dated 17.09.2005, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 189 (S-S)/2003, is in challenge in this appeal. By the impugned judgment and order aforesaid the learned trial Judge, convicted the Appellant under Section 302 of the Indian Penal Code (hereinafter called "IPC") and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 5,000/-, in default of payment of fine, suffer another period of rigorous imprisonment for 6(six) months. Being aggrieved by the said conviction and sentence, the convict, as Appellant, has preferred this appeal from jail.

(2.) The prosecution case, as unfolded at the trial, in brief, may be stated as follows:

(3.) During the investigation, police prepared the inquest report, forwarded the dead body of the deceased for post mortem examination, arrested the accused, seized the incriminating weapon (hoe) and recorded the statement of the witnesses. At the close of the investigation, police submitted charge sheet against the accused for the offence under Section 302 IPC.