RANJIT SINGH @ RAJU Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 18 -06 -2009, passed by the learned Additional Sessions Judge (FTC), Bongaigaon, in Sessions Case No. 8 (BGN) of 2008, convicting the accused -appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of L 5,000/ - and, in default of payment of fine, undergo rigorous imprisonment for six months. Both the punishments, so imposed, were directed to run consecutively.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 10 -10 -2006, at about 10 am, when Maya Kaur, mother of Rupa Kaur @ Pinki (PW5), was supervising the repairing work, in her house, by engaging mason, the accused, who is related to Rupa Kaur (PW5), came from the back side, caught hold of Maya Kaur, pressed her mouth with one hand and cut her throat by his other hand and ran away from the scene of the occurrence. Maya Kaur fell down on the ground. On witnessing the occurrence, PW5 raised alarm, her neighbours assembled and she, then, accompanied by some others, proceeded to Swagat Hospital with her mother, but on the way, her mother breathed her last, because, on their reaching the hospital, the doctor examined her mother and declared her dead. PW5, then, went to Bongaigaon Police Station and lodged there a written Ejahar, on 10 -10 -2006 itself, alleging to the effect that while her mother was supervising the work in their courtyard, the present appellant, Ranjit Singh, had entered into their house from the rear side and cut her mother Maya Kaur, in her throat, by a dragger, her mother fell down and though her mother was taken to Swagat Hospital for treatment, she died on the way. Based on the said Ejahar and treating the same as First Information Report, a case was registered, against the accused -appellant, under Sections 448/302 IPC. During the course of investigation, inquest was held over the said dead body, inquest report was prepared and the dead body was put through post mortem examination and, on completion of investigation, police laid charge -sheet against the accused under Section 302 IPC. To the charge, framed under Section 302 IPC, at the trial, the accused pleaded not guilty.

(3.) IN order to bring home the charge, prosecution examined as many as 8 (eight) witnesses. On closing of the evidence of the prosecution, the accused was examined under Section 313 Cr.P.C. and, in his examination aforementioned, the accused, while denying that he had committed the offence, which was alleged to have been committed by him, contended that the informant, Rupa Kaur, was his lover, he had a quarrel over her decision to marry a man from Bihari community and, out of grudge, Rupa Kaur has lodged this false accusation against him, though he is completely innocent. No evidence was, however, adduced by the defence.