HANIF EKKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these criminal appeals - Criminal Appeal (J) no. 65/2015 and Criminal Appeal no. 37/2016 - are directed against a judgment and order dtd. 30/5/2015 passed by the trial court of learned Sessions Judge, Golaghat in Sessions Case no. 160/2010. By the said judgment and order, the learned trial court has convicted the accused-appellant under Sec. 302, Indian Penal Code (IPC) and the accused-appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00, in default of payment of fine, to undergo simple imprisonment for another 1 (one) month.

(2.) The investigation was set in motion on the basis of a First Information Report [FIR] [Ext. 5] lodged on 10/8/2010 by the informant, Smti. Nirmala Toppo before the In-Charge, Numuligarh Police Outpost. In the FIR, the informant naming the sole accused had, inter alia, alleged that at around 08-00 p.m. on 8/8/2010, the accused who lived nearby her house, came to her house. While having a talk with the informant's husband, Sadram Toppo the accused got angry all of a sudden and kicked her husband from inside the house to the courtyard. He then, seriously injured Sadram Toppo by striking him in his head with a pitchfork. Sadram Toppo was immediately taken to the tea garden hospital wherefrom he was referred to the Civil Hospital at Golaghat for better treatment. Sadram Toppo breathed his last when he was taken in an ambulance to Golaghat.

(3.) On receipt of the said FIR, the In-Charge, Numuligarh Police Outpost entered the same vide General Diary Entry no. 212 dtd. 9/8/2010. By forwarding the FIR to the Officer In- Charge, Golaghat Police Station for registering a case he entrusted the investigation to one Uttam Tamang, a Sub-Inspector of Police attached to the Numuligarh Police Outpost. On receipt of the FIR, the Officer In-Charge, Golaghat Police Station registered the same as Golaghat Police Station Case no. 391/2010 [G.R. Case no. 820/2010] under Sec. 302, IPC.