NITUL DUARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal from jail is preferred against a judgment and order dated 5.4.2019 passed by the trial court of learned Sessions Judge, Sivasagar in Sessions Case no. 03(S-S)/2019. By the said judgment and order dated 05.04.2019, the learned trial court has convicted the accused-appellant for the offence of murder under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for further 1 [one] month.

(2.) The case of the prosecution, in brief, is that on 26.09.2019, one First Information Report [FIR] was lodged before the Officer In-Charge, Bakata Nemuguri Police Station, District - Sivasagar by one Sri Cheni Chetiya [P.W.1] alleging, inter alia, that at around 10- 30 a.m. on that day, his younger brother, Akoni Chetiya had a quarrel with the accused, Sri Nitul Duara from the same village. In the course of quarrel, the accused assaulted Akoni Chetiya with a saw and as a result of the assault, Akoni Chetiya sustained grievous injury. He was immediately taken to and admitted at Bakata Konwarting Community Health Centre. Due to excessive loss of blood, Akoni Chetiya was thereafter, sent to Assam Medical College and Hospital [AMCH] at Dibrugarh. But, he was declared dead at the AMCH.

(3.) On receipt of the FIR [Ext-3], the Officer In-Charge, Bakata Nemuguri Police Station registered a case being Bakata Nemuguri Police Station Case no. 28/2018 [G.R. Case no. 1726/2018] under Section 302, IPC and taken up investigation of the case himself as the Investigating Officer [I.O.].