LAKHAN RAJGARH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 01.12.2005, passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 115/2004, convicting the accused-appellant under section 302 of the Indian Penal Code (for short hereafter referred to as the IPC) and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2000/-, in default to suffer further rigorous imprisonment for a period of 3 months, is the subject matter of challenge in the instant appeal.

(2.) We have heard Mr. DK Chomal, learned Amicus Curiae for the accused-appellant and Mr. KA Mazumdar, learned Addl. Public Prosecutor Assam.

(3.) The prosecution was set in motion by the FIR dated 03.02.2004, lodged by one Gajendra Nayak with the Officer-in-Charge of Rangapara Police Out Post, alleging that on 02.02.2004 at about 7/7.30 p.m. the deceased, Grabare Nayak, who was a priest had gone to the house of the accused-appellant, whereafter, the latter killed him by chopping of his head with a dao and an axe. Rangapara P.S. Case No. 16/04, under section 302 IPC was registered, and on the culmination of the investigation that followed, a charge sheet was laid against the accused-appellant. The learned trial Court charged him with the offence of murder under section 302 IPC, to which he pleaded not guilty and claimed to be tried. The prosecution resultantly examined 8 witness, including the Investigating Officer and the Doctor, who had conducted the autopsy on the dead body. The statement of the accused-appellant under section 313 Cr.P.C. was recorded. He having declined to adduce any evidence in defence, the verdict, as above, was pronounced.