HIREN ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 25.04.2007, passed by the learned Addl. Sessions Judge (FTC), Biswanath Chariali, in Sessions Case No. 96/ 2006 (GR. Case No. 463/2003), whereby the learned Addl. Sessions Judge (FTC), Biswanath Chariali convicted Shri Hiren Orang (hereinafter called the "appellant"), under Section 302 of the Indian Penal Code (in short, "IPC") and sentenced him to suffer life imprisonment and pay fine of Rs. 1,000/-, in default, suffer rigorous imprisonment for 3 (three) months for his conviction under Section 302 IPC.

(2.) Prosecution case, in brief, is that on 31.12.2005, Surya Orang (here in after called the deceased) at about 3.00 pm visited the house of Shri Hiren Orang (for short the appellant) and a quarrel had taken place between the two. Thereafter, the deceased was found lying dead with injuries on his person, in the courtyard of the appellant. A blood stained lathi (stick) was also found near the dead body. The appellant made judicial confession as well as extrajudicial confession indicating that he had caused the death of the deceased. The deceased was the uncle of the appellant On 01.01.2006, Shri Jaharu Orang (PW 1), elder brother of the deceased i.e. the father of the appellant lodged an FIR with the Officer-in-Charge of Behali Police Station. The said FIR was registered under Section 302 IPC and police launched investigation into the matter. During the course of investigation, police visited the place of occurrence, prepared inquest report, drew a sketch map, examined the witnesses, sent the dead body of the deceased for post-mortem examination and arrested the appellant. As the appellant was willing to confess his guilt the investigating officer forwarded him to the Court of the learned SDJM, Biswanath Chariali and accordingly his confessional statement was recorded by the learned Magistrate. Police also seized the weapon of assault from the place of occurrence.

(3.) At the close of investigation, police submitted charge sheet against the appellant under Section 302 IPC. The offence, being exclusively triable by the court of Sessions, the case was committed and the Addl. learned Sessions Judge (FTC), Biswanath Chariali framed charge under Section 302 IPC. The charges were read over and explained to the appellant to which he pleaded not guilty.