NAREN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Additional Sessions Judge (FTC No.4), Kamrup, Guwahati convicted the accused-appellant under Section 302 IPC and accordingly sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo RI for two months in Session Case No.148(K) of 2004.

(2.) The prosecution case in brief is that on 24.10.97 at about 9.45 P.M. in front of the Door Darshan Kendra, Guwahati, one Kalyan Sarma was shot dead by accused, arm Constable Naren Deka, posted as a security guard of the Door Darshan Kendra, Guwahati. On receipt of FIR lodged by Mrinal Talukdar, Manoj Goswami, Utpal Barpuzari, Sanjeeb Phukan, Biswajit Kalita, Gautam Baruah and Samudra Deka, a case was registered and investigation was launched. On completion of the investigation, charge sheet was submitted against the accused-appellant alleging commission of offence under Section 302 IPC read with Section 27(3) of the Arms Act.

(3.) Finding materials to frame charges, learned Sessions Judge framed a formal charge under Section 302 IPC read with Section 27(3) of Arms Act against the accused-appellant. On reading over and explaining the charge aforesaid the accused appellant pleaded not guilty and claimed to be tried.