SANJOY GANGARAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated, 31.3.2009, passed by the learned Additional Sessions Judge No.2, (FTC), Tinsukia, in Sessions Case No.49 (T) of 2008.

(2.) BY the impugned judgment and order, the learned Sessions Judge held the appellant guilty of the offence under Section 302 IPC, and accordingly sentenced him to suffer imprisonment for life and pay fine of Rs.1000/- in default, undergo simple imprisonment for another period of three months, for his conviction under Section 302. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(3.) THE occurrence took place in presence of Sri Busur Chick (PW 2) and Shri Arun Gorik (PW 3). Sri Bindu Julen (PW 5), the elder brother of the deceased lodged the FIR with the police, on the same day, which was registered as Doomdooma PS Case No.16/2008 under Section 302 IPC. On the basis of the said FIR ( Ext.4), police launched investigation into the matter. During the course of investigation, police visited the place of occurrence, arrested the accused person, recorded the statement of the witnesses, prepared inquest report( Ext.2), forwarded the dead body for postmortem examination and recovered and seized a dao from the bed of the accused, on being shown by the latter. Police also prepared the sketch map of the place of occurrence. At the close of the investigation, police submitted the charge-sheet (Ext.6) against the accused appellant.