RAM PRASAD KOYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 27.02.2006, passed by the learned Sessions Judge, Tinsukia Sessions Case No. 81/054. By the impugned judgment and order, the learned Sessions Judge, convicted the appellant under Section 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 1,000/- in default suffer rigorous imprisonment for another period of 3 months for his conviction u/s. 302 IPC. Aggrieved by the said conviction and sentence the convict, as appellant has come up with this appeal. We have heard Mr. M.K. Sarma, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Addl. Public Prosecutor.

(2.) THE prosecution case, in brief, is that, on 18.02.2004, on being invited, the appellant, along with his wife Smti. Gyani Boraik (herein after called the deceased), visited the house of Sri Pradip Boraik (PW-1), who was the father of the deceased and father in law of the appellant and attended a function, organized in connection with celebration of the birth day of grand daughter of the father in law of the appellant. After departure of all other guests, the appellant, with his deceased wife, stayed back in his father in law's house. When the deceased and the other members of the family were sitting in the Veranda, the appellant, who was in his room, called the deceased and accordingly the deceased attended the appellant. THEreafter hearing a cry, raised by the deceased, her mother i.e. PW-4 rushed to the room and found the deceased lying with a cut injury on her neck. This witness i.e. PW-4 saw the appellant standing therein, with a dao in his hand. However, after committing the said crime, the appellant fled the house of his father- in- law. THE deceased was immediately taken to the hospital, wherein she succumb to her injuries. THE father of the deceased (PW-1), as informant, lodged an FIR (Ext. 4) with the police. On receipt of the FIR, police registered a case under Section 302 IPC and launched investigation into the matter. Subsequently, on 29.02.2004, the accused appellant surrendered in the police station with a dao. Accordingly the said dao was seized, vide seizure list Ext. 2 and the accused was arrested. THE investigating officer, during investigation, visited the place of occurrence, requisitioned the service of an Executive Magistrate for conducting inquest in respect of the dead body, sent the dead body for post mortem examination, prepared a sketch map and recorded the statements of the witnesses. At the close of the investigation, police submitted charge-sheet under Section 302 IPC.

(3.) THE learned Trial Judge, considering the entire evidence on record and relying on the evidence of PW-4, who was an eye witness to the occurrence and also taking into consideration the circumstances, that the appellant, along with the deceased had attended the function, organized in his father in law's house, that the appellant was present in the place of occurrence at the time of the incident, that PW-4 saw the accused standing near the deceased holding a dao, that the appellant absconded after the incident, that he had surrendered before the police with a dao after 10 days, and that the appellant did not take any steps to get the culprit apprehended or booked under the law, came to the findings that none than the appellant had caused the death of the deceased, by inflicting cut blow, on her neck and also that he committed the offence u/s. 302 IPC.