TANKESWAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Learned counsel Mr. Samiron Sarma, appearing for the appellant and Mr. M. Phukan, Additional Public Prosecutor, Assam were heard.

(2.) This appeal is directed against the judgment and order dated 30.05.2019 rendered by the learned Sessions Judge, Darrang, Mangaldai, in Sessions Case No. 45(DM)/2015. By the said judgment, learned Sessions Judge convicted the appellant under Sections 302/307 IPC and Section 27(1) of the Arms Act and sentenced him to undergo rigorous imprisonment for life and fine of Rs.10,000/- with default stipulation under Section 302 IPC; imprisonment for 10 (ten) years and to pay fine of Rs.5,000/- with default stipulation under Section 307 IPC and rigorous imprisonment for 3 (three) years and to pay fine of Rs.2,000/- with default stipulation under Section 27(1) of the Arms Act.

(3.) Prosecution case, in a nutshell, is that at about 8 a.m., on 14.10.2011, the accused Tankeswar Sarma shot his uncle Panchanan Sarma with a pistol in front of his house and the victim died instantaneously. When the son of the victim came forward, the accused shot at him too, and thereby caused grievous injury. Nephew of the deceased, lodged an FIR, on the basis of which, Officer-in-charge of the Mangaldai Police Station registered Mangaldai P.S. Case No. 713/2011 under Sections 302/307 IPC read with Section 25(1)(A) of the Arms Act and upon completion of the investigation, laid charge sheet against the appellant.