BHAIKON RAJOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Barman, learned amicus curiae appearing for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State.

(2.) This appeal from jail has been preferred by the sole appellant assailing the judgment dtd. 8/12/2017 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 85(J-J)/2015 convicting him under Sec. 302 of the IPC for committing the murder of Lebu Rajowar and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.20,000.00 with default stipulation.

(3.) The allegation brought against the appellant is to the effect that on 15/3/2015 at around 02:00 p.m. he had intercepted the deceased Lebu Rajowar on the road while the later was coming from his home and dealt blows on the face of the victim with axe, as a result of which, the victim had suffered grievous injuries leading to his death on the spot. On 17/3/2015, Sri Bipul Rajowar, i.e. the brother of the victim had lodged an ejahar with the Officer-in-Charge of Titabor Sub Police Station reporting the incident. On receipt of the ejahar on 17/3/2015 Titabor P.S. Case No. 61/2015 was registered under Sec. 302 of IPC. The matter was entrusted to S.I. Sri Nakul Chandra Phukan for carrying out investigation. Upon completion of investigation, charge-sheet was submitted by the Investigating Officer (I/O) under Sec. 302 IPC. Based on the charge-sheet, the learned trial court had framed charge against the accused/ appellant under Sec. 302 IPC. However, since the accused had pleaded innocence, he was subjected to trial.