SUKUMAR ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned amicus curiae for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

(2.) The present jail appeal has been preferred against the judgment dtd. 5/2/2014 passed by the learned Sessions Judge, Cachar, Silchar, in Sessions Case No.36/2012, by which the appellant has been convicted for commission of offence under Sec. 302 of IPC and was sentenced to undergo rigorous imprisonment for life and pay a fine of Rs.500.00.

(3.) The prosecution case in brief is that on 4/9/2011, the appellant who is a person with impaired speech and hearing, assaulted his elder brother Chandu Roy with a chopper ( dao ) hitting him on the neck and thereby causing his death. Accordingly, an FIR was lodged on 4/9/2011. On the basis of the aforesaid FIR lodged, a police case being Silchar Police Case No.1471/2011 under Sec. 302 of IPC [Indian Penal Code, 1860] was registered. Investigation was then launched and on completion of the investigation, the charges were framed and on committal and on charges being denied by the appellant, trial commenced. In course of the trial, the prosecution examined as many as 8(eight) witnesses in support of their case. One Court witness was examined relating to the issue as to whether the petitioner could understand the proceedings of the Court during the stage of examination of the appellant under Sec. 313 of Cr.P.C. [Code of Criminal Procedure, 1973]. The learned Trial Court after considering the material evidence on record held that the prosecution has been able to prove the case beyond reasonable doubt against the appellant and accordingly, convicted him under Sec. 302 of IPC and sentenced him to suffer R.I. for life as mentioned above.