ANIL CHANDRA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22-8-1996 passed by the learned Sessions Judge, Noagaon in Sessions Case No. 44(N) of 1996 convicting the accused appellant under Section 302 Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for life.

(2.) The prosecution case, in short, is that on 5-1-96 at about 8 a.m. the accused appellant caused the death of his mother Smt. Padmawati Deka by giving dao blows on her neck, near the sugarcane field of one Dulal Baruah. From the place of occurrence, it is alleged that the accused came to Jajori Police Station at about 9 a.m. and reported the said incident whereafter he was detained in the police Station. It is the further case of the prosecution that at about 9.30 a.m. on the same day, a written ejahar (exhibit-1) with regard to the occurrence was lodged at the said police station by one Edhan Ch. Deka, P.W. 3, who is the uncle of the deceased. On the basis of the aforesaid ejahar, Jajori PS Case No. 3 of 1996 under Section 302, IPC was registered and the accused was arrested in connection with the said case. After registration of the case as aforesaid, police started investigation, in the course of which, the police visited the place of occurrence, held inquest over the dead body and prepared the inquest report, (exhibit-4). A sketch map of the place of occurrence (exhibit-3) was also prepared and in the course of investigation the statements of a large number of persons were recorded by the Investigating Officer. On completion of investigation, the police submitted the charge-sheet (exhibit-5) against the accused appellant under Section 302, IPC.

(3.) The case having been committed to the Court of Session for trial, a charge under Section 302, IPC was framed against the appellant by the learned Sessions Judge and as the accused pleaded not guilty and claimed to be tried, the trial commenced against the accused appellant. Seven (7) witnesses were examined on behalf of the prosecution whereas the defence did not examine any witness in support of its case. At the conclusion of the trial, the learned Sessions Judge, on the basis of the materials on record, convicted and sentenced the accused appellant, as aforesaid, giving rise to the present appeal.