DEBA RAJKHOWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 5.4.2007, passed by the learned Sessions Judge, Sonitpur, Tezpur. By the impugned judgment and order, the learned Sessions Judge, convicted the appellant for the offence under section 302 IPC and accordingly sentenced him to suffer imprisonment for live and pay fine of Rs. 5,000/- in default suffer imprisonment for another period of one year for his conviction under section 302 IPC. We have heard Ms. S.D. Baruah, learned Amicus Curiae and Mr. D. Das, learned Additional Public Prosecutor.

(2.) The prosecution case, in brief, is that, on 28.3.2004, at about 6 P.M., Shri Deb Rajkhowa (hereinafter called the appellant), being armed with a dao entered the premises of Shri Bhadreswar Keot (informant) and killed his son namely Shri Tilok Keot (hereinafter called the deceased) by inflicting dao blows on his neck.

(3.) During investigation, Police visited the place of occurrence, prepared inquest report (Exhibit 3) in respect of the dead body of the deceased, seized the incriminating weapon from the place of occurrence vide Exhibit 2, forwarded the dead body for post mortem examination and examined the witnesses. The appellant surrendered before the Police on 29/3/2004 and accordingly, he was arrested and taken into custody. At the close of investigation, Police submitted charge sheet for the offence under section 302 IPC against the appellant.