CHUTU MODI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being aggrieved by his conviction under section 302 of the Indian Penal Code (for short hereafter referred to as the Code) and sentence of imprisonment for life as well as for fine of Rs. 5000/-, in default, rigorous imprisonment for further two years recorded by the judgment and order dated 02.01.2006, passed by the learned Sessions Judge, Golaghat in Sessions Case No. 37/2005, the appellant, who is in jail, is in appeal for redress.

(2.) We have heard Mr. S Banik, learned Amicus Curiae for the accused-appellant and Mr. D Das, learned Addl. Public Prosecutor, Assam.

(3.) On the FIR dated 02.01.2005, lodged by Smti. Nibha Gowala, the wife of the deceased, with the Officer-in-Charge Police Out Post, alleging that at about 06.00 a.m. in the morning of the same date, while her husband Haridas Gowala was offering Puja in the Shiva Temple in front of their house, the accused-appellant armed with a copi dao (sharp cutting weapon) dragged him (deceased) to the PWD road from out of the inner chamber of the temple and seriously injured him by inflicting cut injuries. The FIR disclosed that the injured succumbed to the injuries sustained on his way to the hospital. Eventually, Kamargaon P.S. Case No. 01/2005, under section 302 was registered against the accused-appellant and on the completion of the investigation, a charge sheet was submitted against him under the said provision of law. He having denied the charge, the prosecution, at the trial, examined 11 witnesses, including the Doctor, who had performed the post mortem examination as well as the Investigating Officer. The accused-appellant did not adduce any evidence in defence. In his statement(s) recorded under section 313 Cr.P.C, he denied the allegation and claimed himself to be innocent. The impugned decision as above, followed.