NAGEN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned Amicus Curiae Ms. A. Devi for the appellant and the learned Additional Public Prosecutor, Assam Mr. A. Konwor for the State respondents.

(2.) This appeal is directed against the judgment and order dated 20.12.2018 passed by the learned Sessions Judge, Darrang, Mangaldai in Sessions Case No. 69(DM)/2017, whereby the sole appellant Nagen Deka was convicted under Section 302 IPC and sentenced to rigorous imprisonment for life and fine of Rs.20,000/-, in default, to suffer rigorous imprisonment for 1 (one) year.

(3.) Prosecution case, in a nutshell, was that on 21.04.2016, at about 10 AM, when the victim Rita Deka @ Juri Deka was preparing food in the kitchen, the appellant suddenly entered the kitchen and inflicted serious injuries on her face, left ear, back etc. and consequently she died at the spot. The appellant was apprehended by the people and handed over to Police. The elder brother of the victim lodged a written report with the Mangaldai Police Station. Treating the said written report (Exhibit-1) as FIR, Police registered Mangaldai P.S. Case No. 268/2016 under Section 302 IPC and commenced the investigation. During the investigation, the Police recorded the statement of the witnesses, seized the alleged weapon of offence, subjected the body to post-mortem examination and upon completion of the investigation laid charge-sheet against the appellant, who eventually stood trial before the Court of Sessions.