RATNA KANTA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Sri B.M. Choudhury, learned counsel for the appellant and also Sri K. Munir, learned Additional Public Prosecutor, Assam, for the State respondent.

(2.) The appellant was convicted under Sec. 304 Part-I of the Indian Penal Code, 1860 (hereinafter, referred to as 'IPC', in short) and sentenced to undergo RI for 5 (five) years and to pay fine of Rs. 2,000.00 (Rupees Two Thousand), in default, to suffer further RI for 3 (three) months, vide judgment and order dated 21.07.2005, passed by the learned Additional Sessions Judge, Nagaon, in Sessions Case No. 272 of 2003. The said conviction is under challenge by the appellant in the present appeal filed under Sec. 374 (2) of the Code of Criminal Procedure, 1973.

(3.) Briefly stated, the prosecution case is that on 10.02.2003, at about 06:30 am, a quarrel took place between the appellant and his younger brother, Padma Kanta Sarma over partition and sharing of their paternal property. In the quarrel, Padma Kanta Sarma caused injury on the face of his elder brother Ratna Kanta Sarma (appellant) with the help of a sickle. The appellant attacked the deceased with lathi and gave several blows by a lathi and as a result, Padma Kanta Sarma died in front of their house. The incident was informed to the Police and one Md Abdul Momin, ASI of Police from Itachali out post visited the place of occurrence and lodged an FIR with the In-charge of the said out post. He made a GD Entry and forwarded it to the Officer-In-Charge of Nagaon Police Station for registering the case. Accordingly, Nagaon PS Case No. 123 of 2003 was registered under Sec. 302 Penal Code. The Investigating Officer, on completion of formality and completion of investigation, submitted the charge sheet. The learned Judicial Magistrate First Class, Nagaon, committed the case to the Court of Sessions at Nagaon as the offence under Sec. 302 Penal Code is exclusively triable by the Court of Sessions. Charge was framed under Sec. 304 Penal Code by the learned Sessions Court. The accused, on being read over and explained the charge, pleaded not guilty and claimed to be tried. The prosecution examined as many as 7 (seven) witnesses. The accused adduced no evidence taking the stand of complete denial of the charge. At the close of recording of evidence of prosecution witnesses, the accused was examined under Sec. 313 CrPC, putting before him all the evidence found against him in the evidence of prosecution witnesses. He denied the incriminating evidence and declined to examine any witness in his defence.